Top Democratic leaders in the House have strongly criticized the Trump administration for its decision to withhold vital food assistance from millions of low-income Americans. They argue that this move is not only harsh but also unlawful.

“It’s an appalling neglect of responsibility that the Trump administration would intentionally deprive 42 million children, seniors, and veterans of essential food aid,” stated House Minority Leader Hakeem Jeffries (D-N.Y.) in a public statement.

The U.S. Department of Agriculture (USDA) is currently holding over $5 billion in a contingency fund. This fund was allocated by Congress to support the Supplemental Nutrition Assistance Program (SNAP) during emergencies. However, according to various reports, the department has indicated it will not utilize these funds to extend benefits if the government shutdown continues past October 31.

A memo, initially reported by Axios, outlines the USDA’s stance. It states that the contingency funds are intended for genuine emergencies such as natural disasters, and that the ongoing shutdown does not meet this criterion because it was orchestrated by Democrats. According to the USDA, using these funds for SNAP benefits under these circumstances would be illegal.

The memo further explains, “[T]he contingency fund is a source of funds for contingencies, such as the Disaster SNAP program, which provides food purchasing benefits for individuals in disaster areas, including natural disasters like hurricanes, tornadoes, and floods, that can come on quickly and without notice.”

The memo contradicts the shutdown plan posted by USDA earlier in the year, which stated that “Congressional intent is evident that SNAP’s operation should continue since the program has been provided with multi-year contingency funds that can be used for State Administrative Expenses to ensure that the State can also continue operations during a Federal Government shutdown.”

The plan has since been deleted. 

The new policy also stipulates that the USDA will not reimburse states that seek to fill the void with their own funding for food aid during the shutdown. 

“There is no provision or allowance under current law for States to cover the cost of benefits and be reimbursed,” the memo says. 

The reimbursement policy is not controversial. Democrats say any state funding directed to direct benefits would be supplemental to SNAP but not considered formal benefits. 

The refusal to tap the contingency fund to pay benefits, however, is another story. And SNAP supporters — advocate groups and Democrats, alike — have argued for weeks that any effort by the administration to withhold contingency funds would be illegal. 

Those accusations only escalated Friday night after the news of the USDA memo surfaced. 

In a joint statement, Reps. Rosa DeLauro (Conn.), the senior Democrat on the House Appropriations Committee, and Angie Craig (Minn.), the ranking member of the Agriculture Committee, said the policy is not only a violation of the law, but a “cruel” attack on poor Americans.

“This is perhaps the most cruel and unlawful offense the Trump administration has perpetrated yet — freezing funding already enacted into law to feed hungry Americans while he shovels tens of billions of dollars out the door to Argentina and into his ballroom,” the pair said in a statement.