Over 40 million US citizens will see their food stamp benefits stop on November 1 amid the government shutdown.

The US Department of Agriculture decided last week not to use $6 billion in contingency funds to pay for the Supplemental Nutrition Assistance Program (SNAP), also known as food stamps.

"Bottom line, the well has run dry. At this time, there will be no benefits issued on November 1," the USDA posted on Tuesday.

If the SNAP benefits pause on Saturday, it would mark the first time payments have lapsed due to a government shutdown in the program's 60-year history. Over 41 million low-income Americans, roughly one in eight people, will be affected, CBS reported

In response, a coalition of Democratic-led states sued the Trump administration in an attempt to avoid the loss.

Is the food you're taking from the fridge definitely yours? (illustrative)
Is the food you're taking from the fridge definitely yours? (illustrative) (credit: PEXELS)

The lawsuit argues that the suspension of benefits is arbitrary and is being carried out in violation of the law and regulations governing the program, which requires that “assistance under this program shall be furnished to all eligible households."

"The federal government has the money to continue funding SNAP benefits; they’re choosing to harm millions of families across the country already struggling to make ends meet," Massachusetts Attorney General Andrea Joy Campbell said in a social media post about the lawsuit filed in Boston federal court by attorneys general and governors from 25 states and the District of Columbia.

The case was assigned to an Obama-era judge

The case was assigned to US District Judge Indira Talwani, who was appointed by Democratic former president Barack Obama. She set a hearing for Thursday on whether to issue a temporary restraining order forcing the USDA to use available contingency funds for November SNAP benefits.

The lawsuit, led by the attorneys general of Massachusetts, California, Arizona, and Minnesota, says the Food and Nutrition Act of 2008 makes clear that the contingency funds should be used when necessary to carry out program operations.

"Millions of Americans are about to go hungry because the federal government has chosen to withhold food assistance it is legally obligated to provide,” New York Attorney General Letitia James said in a statement.

In addition to the lawsuit, governors across the United States have either started statewide drives for food banks or have pledged to fast-track funds to ensure meals are provided to needy residents.

In a statement to CBS, the USDA said that Senate Democrats were “approaching an inflection point.”

“Continue to hold out for the Far-Left wing of the party or reopen the government so mothers, babies, and the most vulnerable among us can receive timely [federal food aid.]"

SNAP benefits are available to Americans whose income is less than 130% of the federal poverty line, or $1,632 a month for a one-person household, or $2,215 for a two-person household in many areas.

SNAP benefits are paid out monthly, although the exact date payments are distributed varies among states, which are responsible for the day-to-day administration of the benefits. Typically, eligible households get around $187 a month in assistance.

CBS reported that unused SNAP benefits recipients' cards will roll over into November.

The shutdown also threatens benefits for nearly 7 million participants in the Special Supplemental Nutrition Program for Women, Infants, and Children, known as WIC.