Governor Gavin Newsom and Attorney General Rob Bonta announced the legal action on Tuesday, saying the administration has contingency funds—approved by Congress—that should be used to continue the Supplemental Nutrition Assistance Program (SNAP), known as CalFresh in California, even while the government remains closed.

21 States Join Multi-State Legal Challenge

California’s lawsuit is backed by 20 other states, including Arizona and Massachusetts. The coalition argues that the Trump administration is unlawfully withholding funds that Congress specifically set aside to protect food benefits during a shutdown.

Newsom pointed to a memo dated September 30 from the administration as evidence that contingency funds were meant for exactly this type of emergency. “USDA shall, their own words, 9/30 memo, just weeks ago, they said the reason we have the contingency plan is appropriated by Congress is to, in case there is a government shutdown, to advance these funds to address and mitigate this potential looming crisis, period, full stop, not complicated,” Newsom said.

Administration Defends Its Decision

The Trump administration announced Monday that it would pause SNAP payments starting November 1, claiming its $5 billion in contingency funds cannot legally be used for regular benefits during a shutdown. Officials said those funds are reserved for natural disasters and similar emergencies.

In a statement posted online, the administration also blamed Senate Democrats for prolonging the shutdown: “We are approaching an inflection point for Senate Democrats. They can continue to hold out for healthcare for illegal aliens and gender mutilation procedures or reopen the government so mothers, babies, and the most vulnerable among us can receive critical nutrition assistance.”

The federal shutdown began October 1 after Senate Democrats rejected a GOP-backed funding bill. As of this week, Congress has failed 13 times to pass a measure reopening the government.

California Moves to Protect Families

Anticipating delays in federal aid, Governor Newsom said Wednesday that the California National Guard will be deployed to help food banks meet growing demand. The state will also advance $80 million in emergency funding to stabilize food distribution and support the 5.5 million residents who rely on CalFresh.

Newsom criticized congressional Republicans and House Speaker Mike Johnson for what he called “intentional cruelty.”

“Cruelty is the policy. That’s what this is about,” Newsom said. “It’s intentional cruelty, intentionally creating anxiety for millions and millions of people, 5.5 million here in our home state.”