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Nevada attorney general joins multi-state lawsuit over SNAP benefit cuts during government shutdown

Aaron Ford joins 23-state lawsuit alleging USDA is deliberately withholding contingency funds for food assistance program affecting nearly 500,000 Nevadans
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Aaron Ford USDA SNAP Lawsuit

LAS VEGAS (KTNV) — Nevada Attorney General Aaron Ford announced Tuesday he is joining a multi-state lawsuit against the Trump administration over cuts to federal food assistance benefits amid the ongoing government shutdown.

WATCH | Steve Sebelius follows the developments on what our state leaders are saying over the freeze in SNAP benefits

Nevada AG Sues Trump Administration Over SNAP Benefit Cuts

As the shutdown enters its fourth week, approximately 500,000 Nevadans who rely on the Supplemental Nutrition Assistance Program, or SNAP, face uncertainty about their November benefits. Our state typically receives around $90 million per month in federal SNAP funding.

Meanwhile, Gov. Joe Lombardo says he's working to use available state funds to boost Nevada food banks, after the U.S. Department of Agriculture denied the state permission to use the SNAP database to distribute state-funded benefits.

And Democrats are still arguing over extending tax credits to purchase insurance under the Affordable Care Act, the reason they cite for voting repeatedly against a Republican budget resolution that would reopen the government. Republicans insist that they will negotiate only after the government is reopened.

As a result, the shutdown has lasted for 28 days, the second-longest on record.

WATCH | Anyssa Bohanan breaks down some of the ways the shutdown is affecting Southern Nevadans

Nevada SNAP to go without funding as government shutdown stretches on

The U.S. Department of Agriculture says on their website that SNAP benefits will not be distributed starting Nov. 1, stating "the well has run dry" and pointing to Senate Democrats as the reason for the shutdown. Nationally, SNAP helps approximately 42 million Americans.

"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 website says.

The charge that undocumented people are receiving health care benefits has been debunked by PolitiFact. The Republican resolution does ban gender affirming care for transgender people, but states may continue funding it.

WATCH | Scripps News speaks with USDA Secretary Brooke Rollins about the ongoing shutdown, impact to SNAP benefits

SNAP benefits in focus as shutdown stretches into week four

Partisan back and forth

Rep. Susie Lee, D-Nev., attacked the Trump administration for the decision to withhold SNAP funding.

"This administration has made the cruel decision — this is created by Donald Trump and the Trump administration — not allowing the data to be used so that SNAP benefits can be distributed," Lee said. "They are willing to let 495,000 Nevadans go hungry, half of those are children, go hungry to prove a political point. Nothing could be more cruel."

Lee called on Lombardo to use more state money — including the Rainy Day fund — to fill the SNAP gap. "The state is complicit by not figuring out how we can use emergency funding and turn it around quickly to get emergency funds into the hands of Nevadans," she said. "And I'll reiterate again: this is a crisis that has been created by Republicans in Washington, and young children [and] our elderly veterans in Nevada are paying for it."

But Rep. Mark Amodei, R-Nev., said in a statement that Democrats were cynical for failing to keep the government open.

"So, when I hear people suddenly saying, after this amount of time, ‘Oh my god, the shutdown has consequences,’ I have to ask — where has the sense of urgency manifested itself to keep the government funded so far?" Amodei asked. "What has the Senate, with its 60-vote requirement, managed to get 60 votes for? The answers have become clearer by the day as to what the motivations are and who has been motivated to sacrifice people's livelihoods and nutrition for their political gain."

Added Amodei: "And before I’m asked why I’m not seriously considering the other side of the aisle’s proposal, take a good look at what the Chuck Schumer alternative plan is: produces violent deficit results, further hampers rural health care across the nation, and spends billions of dollars creating loopholes that allow people who don’t qualify to receive benefits.

"I'm not happy about any of this, but I feel like the mechanic who has made sure that the car is running fine and the tank of gas is full, yet somebody keeps letting the air out of the tires. So, Senate Democrats, put the air back in the tires and let it roll.”

Lawsuit details

In their lawsuit, attorneys general from 23 states and the District of Columbia argue the Agriculture Department is making a "deliberate" decision to withhold contingency funds that exist for exactly this scenario.

RELATED STORY | DoorDash, restaurants offer free help as SNAP funding lapses during shutdown

“The Trump Administration’s choice to cut SNAP benefits is not only a deliberate, cruel and extraordinarily harmful decision, it is unlawful. And the reason it cites — the ongoing federal government shutdown — is inadequate,” Ford said in a news release.

In an agency memo obtained by Scripps News, the USDA says they are saving more than $5 billion in contingency funds for more immediate emergencies like "hurricanes, tornadoes, and floods, that can come on quickly and without notice." Further, the agency says the appropriations for regular monthly benefits do not exist anymore due to the shutdown, and they will not reimburse states who try providing benefits themselves.

“Contingency funds exist for this exact scenario, yet the USDA has decided to abdicate its responsibility to Nevadans and refused to fund SNAP benefits. I understand the stress of not knowing where your next meal is coming from, because I've lived it. I don't wish that stress on any Nevadan, and I'll fight to be sure nobody in our state goes hungry. I urge Governor Lombardo to do the same and to work with his party and President Trump to ensure that Nevadans receive their SNAP benefits," Ford continued.

Lombardo has urged the federal government to end their standstill, citing its harmful effects on Nevada in letters sent by our federal delegation, specifically over SNAP.

In the 51-page lawsuit, attorneys general claim the lapse in SNAP benefits would bring more harm beyond just those who rely on the program, but also local governments, school systems and food pantries as their supplies can't meet the spike in demand.

WATCH | Steve Sebelius speaks with local food pantry over the SNAP benefit crisis

Members of Congress, Governor Trade Letters Over SNAP amid Shutdown

Ford joins attorneys general from Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington and Wisconsin in the lawsuit. The governors of Kansas, Kentucky and Pennsylvania have also joined the suit.

Governor responds

For his part, Lombardo has said the state can't simply fund the SNAP program because of bureaucratic hurdles, and even if they did, there's no guarantee the state would be reimbursed for the money after the shutdown ends.

"The restrictions on SNAP, though, are troublesome," Lombardo said at at morning gaggle with reporters.

He said the roughly $40 million the state is talking about using isn't enough to cover the state's monthly cost of about $90 million, but that it wasn't meant to replace SNAP.

"It's not intended to be all-encompassing, to solve all the food needs across the board," Lombardo said. "So we are supplementing that to get us through mid-November and then we will take that under consideration on reversions of [American Rescue Plan Act] funds that are not being utilized that can use in that space without legislative approval. If the shutdown continues, we will take legislative action in the form that may, or may not, in a special session to address that."

Lombardo has indicated he will summon lawmakers back to Carson City to tackle unfinished business from the 2025 session, but the agenda for that meeting has not been set yet.

Good Morning Las Vegas anchor Justin Hinton contributed to this story.

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