Oregon and Washington joined a multi-state lawsuit on Tuesday seeking to force the Trump administration to continue funding the federal food assistance program as the government shutdown continues.
The states are among more than two dozen that are suing the U.S. Department of Agriculture and Secretary Brooke Rollins over the upcoming lapse in the Supplemental Nutrition Assistance program, also known as SNAP or food stamps.
“This isn’t complicated — people need to eat,” Oregon Attorney General Dan Rayfield said in a news release Tuesday. “If these benefits stop, thousands of Oregonians will be left wondering how to put food on the table. The USDA has the authority and the money to keep SNAP running, and refusing to do so is both illegal and deeply cruel.”
Congress has so far failed to pass a short-term spending package to fund the government, which means that programs like SNAP remain unfunded. Should the shutdown continue, Oregon is warning that more than 750,000 of its residents will not receive their monthly benefits on Nov. 1. Millions more nationwide would also be affected.
The states want the USDA to tap into contingency funds to keep the program running as lawmakers work to reach a shutdown deal. They state that Congress has appropriated billions of dollars for the SNAP program specifically for this purpose. They allege that withholding the funds violates federal law and the states plan to file a temporary restraining order Tuesday to ask a federal judge “to immediately turn benefits back on.”
“Furthermore, USDA has funded other programs with emergency funds during this shutdown, but has refused to fund SNAP, leaving millions of Americans without the assistance they need to buy food,” the Oregon Department of Justice said in the Tuesday news release. “It is clear the federal government is making a deliberate, illegal and inhumane choice not to fund the crucial SNAP program.”
While Republicans control both chambers of Congress and the White House, the party needs Democrats on board to reach the 60 required votes to pass the spending bill. Democrats have balked so far, saying that the majority party’s bill would increase health care costs for millions of Americans.
The USDA has claimed it lacks sufficient funds to buoy the SNAP program through the shutdown and that it doesn’t have legal authority to tap into contingency funds. In a banner atop its website, the agency blames the Democratic party for the shutdown, which experts say could be a violation of federal ethics laws, as reported by NPR.
“Bottom line, the well has run dry,” the agency says. “At this time, there will be no benefits issued November 01. We are approaching an inflection point for Senate Democrats. They can continue to hold out for healthcare for illegal aliens and gender mutilation procedures or reopen the government so mothers, babies, and the most vulnerable among us can receive critical nutrition assistance.”
A lapse in the SNAP program could rock Oregon’s economy and worsen hunger for many residents who are already struggling with the high cost of living in the state. Food bank providers told OPB last week that they are bracing for longer lines at their pantries should the shutdown continue.
On Monday, Gov. Tina Kotek, who was in South Korea on a trade mission, and other top state Democrats sent a letter to Rollins, calling on her to direct the agency to continue running the program uninterrupted. “Hunger should never be a consequence of political stalemate,” the letter said.
“Failing to use these contingency resources to prevent widespread food insecurity would represent a dereliction of USDA’s fundamental duty to serve the American people,” the letter said. “Ensuring that families have access to food is not optional — it is a core function of the Department and an essential component of national stability and well-being.”
More than half of the Oregonians enrolled in the program are seniors, children and people with disabilities, according to state figures.
