Attorney General Phil Weiser sues Trump’s USDA for illegally suspending SNAP benefits

Oct. 28, 2025 (DENVER) — Attorney General Phil Weiser today joined a coalition of 22 other attorneys general and three governors in filing a lawsuit against the U.S. Department of Agriculture and Secretary Brooke Rollins for unlawfully suspending during the government shutdown the Supplemental Nutrition Assistance Program, a federal program that helps more than 40 million Americans buy food.

“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. The government is legally required to make payments to those who meet the program requirements,” said Attorney General Weiser. “We are asking the court to resume essential food assistance for the more than 600,000 Coloradans who use SNAP benefits to feed themselves or their families.”

On Oct. 10, USDA sent a letter to state SNAP agencies saying that if the federal government shutdown continues, there will be insufficient funds to pay full November SNAP benefits for the millions of individuals across the country who rely on them. Despite USDA’s claim of insufficient funds, the agency has access to billions of dollars in SNAP-specific contingency funds allocated by Congress for this very purpose. Furthermore, USDA has funded other programs with emergency funds during this shutdown but has refused to fund SNAP.

The lapse in benefits will have dire consequences for the health and well-being of more than 600,000 Coloradans who rely on the program to feed themselves and their families. This lapse will also put unnecessary strain on state and local governments and community organizations, as families increasingly rely on emergency services and local food pantries that are already struggling to fill a growing nutrition gap. It will affect school systems and college and university communities, where food insecurity will stand in the way of educating our students.

Suspending SNAP benefits will also harm the hundreds of thousands of grocers and merchants that accept SNAP payment for food purchases. USDA has estimated that in a slowing economy, every $1 in SNAP benefits generates $1.54 in economic activity.

While the federal government funds and sets the monthly amount of SNAP benefits, states are responsible for administering programs in their state. Suspending SNAP benefits in this manner is both contrary to law and arbitrary and capricious under the Administrative Procedure Act, according to states’ court papers. Where Congress has clearly spoken, providing that SNAP benefits should continue even during a government shutdown, USDA does not have the authority to say otherwise. The coalition will also file a temporary restraining order later today asking the court to immediately turn benefits back on.

Joining Attorney General Weiser in filing this lawsuit are the attorneys general of Arizona, California, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. The Governors of Kansas, Kentucky, and Pennsylvania have also joined.

Read the lawsuit against Agriculture Secretary Rollins and USDA regarding SNAP benefits (PDF).

###

Media Contact:
Lawrence Pacheco
Chief Communications Officer
(720) 508-6553 office
lawrence.pacheco@coag.gov