A group of Democratic states is suing the Department of Agriculture and its secretary, Brooke Rollins, for failing to use emergency funds to help alleviate the lapse in Supplemental Nutrition Assistance Program benefits caused by the government shutdown.

Filed in a Massachusetts federal court on Tuesday, the lawsuit alleges the Trump administration illegally suspended SNAP benefits, harming more than 42 million Americans who rely on the federal food program. SNAP funding is set to run out on Nov. 1 unless the shutdown ends by then.