Leading House Democrats have strongly criticized the Trump administration for its decision to withhold crucial food assistance from millions of low-income Americans, labeling the move as both heartless and unlawful.

House Minority Leader Hakeem Jeffries (D-N.Y.) expressed his outrage, stating, “It is a reprehensible failure of responsibility that the Trump administration would intentionally deny food to 42 million children, seniors, and veterans.”

The U.S. Department of Agriculture (USDA) currently holds over $5 billion in a contingency fund, designated by Congress to support the Supplemental Nutrition Assistance Program (SNAP) during emergencies. However, according to various reports, the USDA has indicated it will not allocate these funds to maintain benefits if the government shutdown persists past October 31.

In a memo first obtained by Axios, the USDA explained that the contingency fund is intended for emergencies, such as natural disasters, and not for situations like the current shutdown, which they claim is politically manufactured by Democrats. Using the funds for SNAP benefits in this context, they argue, would be unlawful.

The memo further clarifies, “The contingency fund is reserved for emergencies such as the Disaster SNAP program, which aids individuals in disaster-stricken areas, including those affected by hurricanes, tornadoes, and floods, events that occur unexpectedly and require immediate response.”

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.