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Oct. 28 (UPI) — With the impending loss of benefits under the Supplemental Nutrition Assistance Program potentially causing low-income Americans and their families to go hungry, 25 states have filed suit to force the federal government to release funds for the program during the federal government shutdown.

Starting Saturday, SNAP benefits will not be distributed. The program gives food aid to 40 million Americans.

In past government shutdowns, the USDA used a contingency fund to pay out SNAP benefits. Last week, the President Donald Trump administration said it won’t be using contingency funds to pay for SNAP.

“We just can’t do it without the government being open,” Agriculture Secretary Brooke Rollins said on Oct. 21. “By Nov. 1, we are very hopeful this government reopens and we can begin moving that money out. But right now, half the states are shut down on SNAP.”

The lawsuit said this has never happened before.

“Because of USDA’s actions, SNAP benefits will be delayed for the first time since the program’s inception. … Suspending SNAP benefits in these circumstances is both contrary to law and arbitrary and capricious under the Administrative Procedure Act,” the lawsuit said.

New York Attorney General Letitia James released a statement on the suit:

“Millions of Americans are about to go hungry because the federal government has chosen to withhold food assistance it is legally obligated to provide,” James said.

“SNAP is one of our nation’s most effective tools to fight hunger, and the USDA has the money to keep it running. There is no excuse for this administration to abandon families who rely on SNAP, or food stamps, as a lifeline. The federal government must do its job to protect families.”

On Fox News, Rollins was asked if the Agriculture well had truly run dry, CNBC reported.

“100% unequivocally, USDA does not have the $9.2 billion that it would require,” Rollins said.

“There’s not just pots of $9.2 billion sitting around. And what’s particularly rich about New York saying that, or California, or any of these other blue states that have filed the lawsuit to say, ‘Oh no, we’re going to go, you guys, USDA, go find the money,'” Rollins said.

The lawsuit alleges that the USDA has the money and won’t spend it. The plaintiffs are led by the attorneys general of Massachusetts, California, Arizona and Minnesota. The states and the District of Columbia asked a judge to reply quickly to force the USDA to use the contingency funds for November.

On Tuesday, another Senate vote to reopen the government failed.

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