RALEIGH, N.C. (ACME NEWS) — North Carolina Attorney General Jeff Jackson has filed a federal lawsuit against the U.S. Department of Agriculture (USDA) and the Office of Management and Budget (OMB), accusing the agencies of unlawfully withholding more than $230 million in food assistance from 1.4 million North Carolinians during the federal government shutdown.
The lawsuit, filed Tuesday in the U.S. District Court for the District of Massachusetts, marks the first time on record that the federal government has delayed payments through the Supplemental Nutrition Assistance Program, or SNAP, also known as food stamps. Jackson said the USDA is withholding funds despite having more than $6 billion in contingency reserves approved by Congress for emergencies.
“Nearly 600,000 children in our state could be without food in a few days because USDA is playing an illegal game of shutdown politics,” Jackson said in a statement Tuesday. “They have emergency money to help feed children during this shutdown, and they’re refusing to spend it. I warned them last week that I would take them to court if they tried to hurt our kids, and today that’s what we’re doing.”
USDA’s Reversal and Shutdown Fallout
On Sept. 30 — the day before the government shutdown began — the USDA told states they could use contingency funds to continue SNAP operations into November. But on Oct. 24, the agency reversed course, ordering states to suspend all November benefits, citing the shutdown. The same agency has continued to authorize billions for other nutrition programs, including the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).
SNAP provides an average of $175 a month per participant to cover basic nutrition. According to the North Carolina Department of Health and Human Services (NCDHHS), more than 1.3 million people in the state who rely on the program. Data from NCDHHS shows that as of September 2025, about 43% of North Carolina’s SNAP participants — roughly 581,000 people — were children. Seventeen percent were under age 7, including about 43,500 infants younger than 18 months. Another 151,800 participants were adults age 65 or older.
“Food is foundational to our health and well-being,” said NCDHHS Secretary Dev Sangvai. “We hope for a quick resolution so people in North Carolina, especially children, don’t go hungry. NCDHHS is ready to issue benefits as soon as federal funding is provided.”
Data from NCDHHS shows that as of September 2025, about 43% of North Carolina’s SNAP participants — roughly 581,000 people — were children. Seventeen percent were under age 7, including about 43,500 infants younger than 18 months. Another 151,800 participants were adults age 65 or older.
Jackson Seeks Emergency Court Order
The lawsuit alleges the USDA violated the Administrative Procedure Act and the SNAP Act by refusing to use its emergency funds. Jackson and 24 other state attorneys general — along with the District of Columbia and the governors of Kansas, Kentucky, and Pennsylvania — are asking the court to order the USDA to restore November payments and rescind its directive halting the program. His office is also seeking a temporary restraining order to immediately reinstate benefits.
A temporary restraining order is expected to be filed later Tuesday, seeking an immediate restoration of payments.
Governor Josh Stein backed the legal action, calling the federal government’s refusal to disburse SNAP funding “a violation of law and basic decency.”
“The federal government is denying access to food for more than 1.4 million North Carolinians, including children, veterans, and people with disabilities,” Stein said. “The USDA must take immediate action to keep families from going hungry, and I thank Attorney General Jackson for standing up to secure these critical resources.”
National Coalition Joins Lawsuit
North Carolina joined 23 other states, the District of Columbia, and the governors of Kansas, Kentucky, and Pennsylvania in the lawsuit. The coalition argues that USDA’s actions are unprecedented and “arbitrary and capricious,” violating statutory requirements to continue providing food assistance to eligible households during funding lapses.
The plaintiffs seek declaratory and injunctive relief to compel USDA to restore the November allotments and prevent future delays in SNAP payments.
Resources for Families
North Carolinians in need of food assistance can find help through:
- Feeding America – Find a food pantry near you
- NC 2-1-1 (United Way) – Call 2-1-1 for local food and social service resources
- County Social Services Departments – Apply for or check status of food aid
- NCDHHS Food Access Maps – Explore options
- Food Bank of Central & Eastern North Carolina – Food finder tool
North Carolinians are also encouraged to donate to local pantries and community organizations to help families affected by the delay.
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