
PHILADELPHIA (WPVI) -- On Tuesday, more than two dozen states, including Pennsylvania, New Jersey and Delaware, filed a lawsuit in Massachusetts, suing the Trump administration over the impending loss of SNAP benefits amid the government shutdown.
About 42 million Americans are poised to lose their Supplemental Nutrition Assistance Program (SNAP) benefits when federal funding comes to a halt on Nov. 1. The U.S. Department of Agriculture (USDA) has said it would not use emergency funds to give a lifeline to program funding. The states are seeking to have the court order USDA to use all available funds to keep SNAP benefits funded in November.
"Suspending SNAP benefits in these circumstances is both contrary to law and arbitrary and capricious under the Administrative Procedure Act," the lawsuit reads. "USDA's suspension of SNAP benefits is irreparably harming Plaintiff States -- a harm that increases every day SNAP benefits are delayed."
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The full list states suing the administration include Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin as well as the District of Columbia.
Lower-income families who qualify for SNAP receive debit cards loaded each month by the federal government used only for buying groceries at participating stores and farmers markets. The debit cards are recharged in slightly different ways in each state. Not everyone receives their benefits on the first day of the month, though many beneficiaries get them early in the month.
The average monthly benefit is $187 per person. Most beneficiaries have incomes at or below the poverty level.
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There's also uncertainty about whether benefits left on cards on Nov. 1 can be used. Arkansas officials suggest people who have balances on their cards should use the funds this month on shelf-stable foods. Missouri and Pennsylvania officials expect previous benefits will remain accessible and are telling beneficiaries to save for November if they can.
President Donald Trump's administration has rejected the idea of using some $5 billion in contingency money to keep providing the federal cash for food, saying that reserve is limited to expenses such as help after disasters.
That decision contrasts with a report late last month by the U.S. Department of Agriculture that said a contingency fund could cover SNAP benefits if government funding lapsed.
Democratic lawmakers and advocacy groups have urged the Trump administration to tap into that fund to provide partial benefits into November.
ABC News and the Associated Press contributed to this report.