Attorney General Jeff Jackson on Tuesday announced a lawsuit against the U.S. Department of Agriculture over the potential delay in Supplemental Nutrition Assistance Program (SNAP) benefits.

November food stamp benefits for 1.4 million North Carolinians will be delayed if the federal government shutdown continues, state officials said Monday.

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Due to the federal government shutdown, which started Oct. 1 after Congress failed to pass a budget, the U.S. Department of Agriculture directed states to delay paying out November Supplemental Nutrition Assistance Program (SNAP) benefits. October benefits are not affected by the directive, the state said.

The USDA told states last week that it wouldn’t be using roughly $6 billion in federal contingency funds to keep the SNAP program running for November. Officials said it can’t tap into those emergency dollars — arguing that money is reserved only for “true emergencies,” like hurricanes, tornadoes, or floods that strike without warning.

"The truth is, the department has the money. Congress gave them $6 billion in emergency funds for situation like this," Jackson said Tuesday. "The department is choosing not to use the emergency money."

North Carolina is one of 25 states suing the US Department of Agriculture and the Office of Management after officials said they would not release the emergency funding nor reimburse states that use their own funding to cover benefits. Jackson accused the department of playing "shutdown politics."

Jackson said the lawsuit was filed in Massachusetts on Tuesday and sought a temporary order to prevent the delay in benefits.

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As of Monday, the North Carolina Department of Health and Human Services hadn’t received federal funding for the program, which is run by the USDA and administered at the state level by DHHS. The USDA has said it wouldn’t reimburse any state funds used to cover SNAP benefits, according to state officials.

More than 600,000 North Carolina households expect to receive SNAP benefits in November, according to the state. About 40% of the 1.4 million North Carolinians who rely on SNAP benefits are children.

North Carolinians receive roughly $230 million to $250 million each month in SNAP benefits. DHHS also said it doesn’t have funding to maintain benefits past November for the Special Supplemental Nutrition Program for Women, Infants, and Children, or WIC, program, which serves about 262,000 people in the state.

“While it is possible the federal government may allocate additional funding, at present there is no certainty that funding will be received,” DHHS said in a news release. “NCDHHS is currently exploring all options to maintain these benefits if NCDHHS does not receive federal funding for WIC.”

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Other states like Virginia, New York, New Mexico, and six others have allocated state funds to fund food banks, meals or SNAP benefits, despite the risk of not being reimbursed, something Kayla Lawson, a North Carolina mother of three on SNAP, would like to see in North Carolina.

"I'm really concerned about this issue because there are too many families who really may be going without food," Lawson said. "There are going to be families that are facing that situation where they are running out of food."

Lawson told WRAL News she is a working parent who said she simply doesn’t have enough money to make ends meet. In fact, 80% of the people who receive SNAP benefits are working.

WRAL News has reached out to Gov. Josh Stein’s office, the state’s attorney general, and the budget office to ask why it isn’t tapping into state funding, since the state has more than $3 billion in surplus. Officials with the health department said they are "working with state and federal partners to try to mitigate impacts from the federal government…as best we can,” adding that it would need legislative support.

State officials urged residents to continue to apply for SNAP benefits and submit renewal paperwork on time. Families that are in immediate need of food can call 211 or visit the DHH website for details on food pantries throughout the state.

Urban Ministries in Wake County issued a release Tuesday morning saying the food pantry is preparing for a surge in food needs. They ask the community to help provide and donate food to people who might need it in the coming weeks.

Urban Ministries added that you can help by:

  • Donating food or funds: Non-perishable food items, fresh produce, and monetary gifts help streamline purchasing power and maintain consistency in distribution. Consider hosting a food drive amongst your friends and neighbors.
    • Volunteer your time: Help stock shelves, pack bags or distribute food boxes.
      • Share the message: Spread the word among neighbors, friends, faith communities, service groups and local businesses.

        “I come from a family who benefited from free lunch, food pantries, and SNAP benefits growing up. Even though North Carolina is known for agriculture, too many of our neighbors still go hungry," said Jessica N. Holmes, Executive Director of Urban Ministries of Wake County. “Now’s the time for thoughts and prayers and collective action. If you are able, please donate or volunteer. If you’re facing hardship yourself, know we are a resource for you.”