Colorado is one of about two dozen states that are suing to force the Trump Administration to tap into an emergency reserve fund to provide federal food aid in November as the government shutdown grinds on.
The suit filed Tuesday would ensure that families that utilize the Supplemental Nutrition Assistance Program, or SNAP, get some of their benefits for November.
“It is clear President Trump and his USDA are making a deliberate, illegal, and inhumane choice to not fund the SNAP program during the federal government shutdown despite the availability of contingency funds,” Colorado Attorney General Phil Weiser said in a statement. “The government is legally required to make payments to those who meet the program requirements.”
The USDA made clear in October that it would not be able to cover the approximately $9 billion that goes to pay SNAP benefits in November if the shutdown lasted that long.
The decision to file suit comes after the federal Department of Agriculture also said it could not use SNAP contingency funds to fund the program because the benefits for FY 2026 have not been appropriated and “no longer exists.”
It was a position that House Speaker Mike Johnson backed up Monday, saying he saw the legal analysis “and it certainly looks legitimate to me.”
USDA has about $5 billion in contingency funding earmarked for SNAP emergencies. It’s not enough to cover full benefits, but would provide partial benefits for Coloradans enrolled in the program.
Democratic Sens. John Hickenlooper and Michael Bennet have called on the Trump administration to use the contingency funds.
“Any halt in SNAP funding will have devastating impacts for program beneficiaries, increasing food insecurity and undermining family budgets,” Hickenlooper said last week in a statement. “Given the critical importance of SNAP benefits, the USDA must take all steps possible to ensure that families do not go hungry.”
Republicans have countered that Democrats can ensure SNAP recipients get their benefits next month by voting to reopen the government.
It was a sentiment echoed by the USDA: “We are approaching an inflection point for Senate Democrats. Continue to hold out for the Far-Left wing of the party or reopen the government so mothers, babies, and the most vulnerable among us can receive timely WIC and SNAP allotments,” said a USDA spokesperson.
This is the first time a government shutdown has impacted SNAP payments.
Gov. Jared Polis asked the state’s Joint Budget Committee last week to tap emergency reserves for SNAP and another federal program, WIC, geared towards mothers and young children, for November, if the shutdown continues.
USDA has said it will not reimburse states if they cover the funds temporarily.
| This story is part of a collection tracking the impacts of President Donald Trump’s second administration on the lives of everyday Coloradans. Since taking office, Trump has overhauled nearly every aspect of the federal government; journalists from CPR News, KRCC and Denverite are staying on top of what that means for you. Read more here. |
