(This story was upated to add new information.)
California has joined a lawsuit against the U.S. Department of Agriculture over the loss of SNAP benefits expected in November amid the federal government shutdown.
Gov. Gavin Newsom had warned Californians were likely to have their CalFresh benefits delayed in November due to the shutdown. CalFresh, known federally as the Supplemental Nutrition Assistance Program, provides scores of lower-income Californians with food assistance and is federally funded.
But a highly-partisan announcement — and likely grim news to the millions of Americans nationwide who rely on food assistance — published on the USDA’s website blamed Senate Democrats over SNAP funding amid the shutdown, and that benefits wouldn’t be issued next month.
“Bottom line, the well has run dry,” the USDA said. “At this time, there will be no benefits issued November 01.”
California Attorney General Rob Bonta was among the 23 attorneys general and three governors who filed the lawsuit against the USDA on Tuesday, Oct. 28.
“Under federal law, USDA has an obligation to furnish SNAP benefits,” according to a news release from Bonta’s office about the lawsuit. “The agency cannot simply suspend all benefits indefinitely, while refusing to spend billions in contingency funds that can — and must — be used to fund SNAP benefits for eligible households. This refusal is contrary to law and violates the [Administrative Procedure Act].”
The USDA did not immediately respond to the Desert Sun’s request for comment.
The coalition of attorneys general and governors also argues that the USDA has historically funded SNAP benefits in prior government funding lapses, according to the news release.
The shutdown did not impact funding for October benefits. But on Oct. 10, the USDA said in a letter that “if the current lapse in appropriations continues, there will be insufficient funds to pay full November SNAP benefits for approximately 42 million individuals across the Nation.”
The federal government had directed states to hold November benefit data that “would normally allow CalFresh funds to be allocated” to people with benefit cards, Newsom’s office said in a news release earlier this month.
Bonta said during a press conference on Tuesday that officials believe the USDA has up to $6 billion in contingency funds and “possibly more” to fund SNAP.
“The law is clear that USDA can’t suspend SNAP benefits without first spending the money it has available, which it has not done,” Bonta said.
Bonta and the coalition of attorneys generals and governors are asking the court to “to make clear that this SNAP suspension is unlawful, to require USDA to use the funds available to provide as many benefits as possible and to prevent USDA from withholding benefits in November,” Bonta said.
According to a USDA document, “contingency funds are not legally available to cover regular benefits.”
SNAP contingency funds are available to supplement regular monthly benefits when the amounts have been appropriated for but aren’t enough to cover benefits, according to the agency. The USDA did say the contingency fund could support food assistance in disaster areas, such as from hurricanes or tornadoes.
In addition to Californians feeling the loss in food benefits, Bonta warned that the state’s economy would feel the hit of SNAP’s disappearance, with 26,600 grocers, farmers’ markets, and other businesses that accept SNAP payments.
California food banks brace for SNAP loss
In response to the threatened cut of food benefits for November, California has “fast-tracked” the distribution of $80 million to 50 food banks, Gov. Gavin Newsom said at the press conference. That’s in addition to deploying the California National Guard to assist food banks across the state.
It’s an amount Newsom said he’s “mindful” isn’t “going to do the job.” California issues approximately $1.1 billion in federal CalFresh benefits each month, according to the California Department of Social Services.
How many people are on SNAP benefits?
Approximately 5.5 million Californians currently receive SNAP benefits per month, according to Bonta and the California Department of Social Services.
How SNAP works
Eligible households receive monthly funds through an Electronic Benefit Transfer or EBT card, which can be used to purchase groceries at supermarkets, some farmers’ markets, and other approved retailers. The amount of assistance each household receives varies based on factors such as household size, income, allowable deductions and state-specific rules.
Who is eligible for SNAP?
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For the period October 2025 – September 2026, a household in California must meet the gross monthly income test at 185% of the federal poverty level (FPL). The approximate maximum gross monthly incomes would be:
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1-person household: maximum gross income of $2,413/month.
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For households that include a member aged 60 or older or someone with a disability, the gross income test may be waived; instead they may qualify via the net income test and resource limits.
The USA TODAY Network contributed to this report.
(This story was republished to mark it as free access.)
Paris Barraza is a trending reporter covering California news at The Desert Sun. Reach her at pbarraza@gannett.com
This article originally appeared on Palm Springs Desert Sun: California joins lawsuit so SNAP benefits can be issued in November
