NC attorney general threatens to take USDA to court over SNAP funding
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- North Carolina AG Jeff Jackson and 22 attorneys general demand USDA explain SNAP hold.
- USDA memo ordered states to withhold November payments amid disputed contingency funds.
- Jackson warns USDA has $6B reserve and vows legal action if benefits remain halted.
North Carolina Attorney General Jeff Jackson co-signed a letter asking the U.S. Department of Agriculture why it won’t deliver Supplemental Nutrition Assistance Program benefits in November.
Jackson and 22 other attorneys general sent the letter Friday to USDA Secretary Brooke Rollins. The agency sent a memo on Oct. 10 to state agencies stating it could not provide full benefits starting in November and instructing states to withhold all payments for now, according to a press release from Jackson’s office.
As of May 2025, over 1.4 million people use SNAP benefits in North Carolina, according to preliminary data from the U.S. Food and Nutrition Service. According to FNS data from 2022, more than 600,000 N.C. children rely on SNAP benefits.
“The USDA has the money to keep SNAP running — including $6 billion in reserve funds set aside for exactly this situation,” Jackson said in the Friday press release. “Refusing to use those funds would be unlawful and a stunning disregard for the wellbeing of roughly 600,000 children in our state. The USDA cannot withhold food from children just to play shutdown politics — and we will take them to court if they try.”
The letter asks the USDA to answer the below questions by the end of Monday, Oct. 27, or risk further legal action:
- Does USDA/FNS (Food and Nutrition Service) have contingency funds left over from prior congressional appropriations? If so, what is the total of those contingency funds?
- Does USDA/FNS have access to any other sources of available funds to pay benefits and administrative costs associated with issuing those benefits?
- Does USDA/FNS intend to use such funds to furnish SNAP benefits, even at a reduced level? If not, why not? And if so, how does the agency intend to execute that plan, and when would States be expected to send their benefit issuance files?
- Assuming USDA/FNS has contingency funds, on what grounds did the agency direct States to “hold” November payments, rather than reducing them?
- Should states treat the Oct. 10 USDA letter as a “suspension” of benefits, a “cancellation” of benefits under federal law, or neither?
The USDA claimed in its memo that the roughly $5 billion in contingency funds “are not legally available to cover regular benefits” during the government shutdown, The Associated Press reported. Instead, the funds are reserved for mobilizing aid for events like natural disasters, citing the possibility of Tropical Storm Melissa turning into a hurricane.
That may contradict the USDA’s 55-page plan for operating during a government shutdown, which states that Congress, by providing contingency funds in case of a funding lapse, intended SNAP operations to continue, The AP reported.
As of Saturday afternoon, the N.C. Food and Nutrition Services says on its website benefits will continue through October despite the government shutdown but that the agency has not received guidance from USDA on November payments.
The News & Observer created a guide for food pantries in the Triangle for those curious about what to donate and where they can volunteer.
This story was originally published October 25, 2025 at 3:11 PM.
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