ASHEVILLE, N.C. (828newsNOW) — North Carolina Attorney General Jeff Jackson has filed a lawsuit against the U.S. Department of Agriculture and the Office of Management and Budget, accusing the agencies of unlawfully withholding more than $230 million in monthly food assistance for 1.4 million residents — including nearly 600,000 children — amid the ongoing federal government shutdown.
The lawsuit, filed Monday in federal court, seeks to compel the USDA to release Supplemental Nutrition Assistance Program benefits for November after the agency ordered states to suspend payments. It marks the first time in U.S. history that SNAP benefits could be delayed because of a shutdown, even though Congress has authorized $6 billion in contingency funds to sustain the program during emergencies.
“Nearly 600,000 children in our state could be without food in a few days because USDA is playing an illegal game of shutdown politics,” Jackson said in a statement. “They have emergency money to help feed children during this shutdown, and they’re refusing to spend it. I warned them last week that I would take them to court if they tried to hurt our kids, and today that’s what we’re doing.”
On Oct. 24, the USDA informed states that it would not use available contingency funds to continue SNAP operations for November and would not reimburse states that used their own money to issue payments. North Carolina’s monthly SNAP payments total roughly $230 million to $250 million, or about $175 per recipient.
Gov. Josh Stein and Health and Human Services Secretary Dev Sangvai joined Jackson in condemning the federal decision.
“The federal government is denying access to food for more than 1.4 million North Carolinians, including children, veterans and people with disabilities,” Stein said in the statement. “The USDA must take immediate action to keep families from going hungry as it is required to do by law.”
Sangvai said the North Carolina Department of Health and Human Services is prepared to issue benefits as soon as funding is released.
“Food is foundational to our health and well-being,” he said. “We hope for a quick resolution so people in North Carolina, especially children, don’t go hungry.”
The USDA’s guidance also places the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) in jeopardy. More than 262,000 North Carolinians depend on WIC for healthy food, infant formula and nutrition support, but state officials warn that funding may run out by early November.
The federal shutdown, now in its fourth week, began Oct. 1 after Congress failed to pass a new budget. The lapse has furloughed more than a million federal workers and paused or reduced funding for multiple programs nationwide.
Four in five North Carolina households receiving SNAP include a child, senior or person with a disability. More than 80 percent of adult recipients are employed.
Jackson’s lawsuit, filed in coordination with 22 other state attorneys general and three governors, alleges that the USDA’s actions violate the Administrative Procedure Act and the SNAP Act. The filing also includes a request for a temporary restraining order requiring the agency to release funds immediately.
As the shutdown continues, food banks and community organizations across North Carolina — especially in Asheville — are bracing for increased demand.
Local response
MANNA FoodBank, which serves 16 counties in Western North Carolina, is distributing more than 50,000 pounds of food daily and holding mobile markets, including one Tuesday, Oct. 28, at Bartlett Arms Apartments from 3 to 4:30 p.m. Residents can call or text the MANNA Food Helpline at 828-290-9749 for food assistance or help applying for SNAP.
Other Asheville-area resources include:
- 12 Baskets Café & Garden (610 Haywood Road, West Asheville): Serves meals using rescued food on a by-donation basis.
- A-B Tech Community Market: Monthly distribution on the fourth Wednesday, 11 a.m.-12:30 p.m., open to students and the public.
- Loving Food Resources: Provides groceries and personal care items for people with HIV/AIDS or those in hospice care.
- Zephyr Hills Free Will Baptist Church Pantry: Open Saturdays for low-income families; call ahead for hours.
BeLoved Asheville, a local nonprofit focused on housing and food justice, announced it is mobilizing to address what it calls a “potential hunger crisis.”
“For 16 years, food distribution has been at the heart of who we are,” the group said in a statement. “Now, as we face the news that more than 1.4 million North Carolinians could lose their SNAP benefits, this moment calls for deep love and strong community action.”
State officials encourage residents in need of assistance to call 2-1-1, click here or use the Feeding America food pantry locator. Those able to donate are urged to support local pantries and community groups helping families weather the crisis.
