OLYMPIA, WA – Washington State Attorney General Nick Brown has joined 20 other attorneys general in suing the U.S. Department of Agriculture (USDA), claiming the agency is imposing unconstitutional and unlawful conditions on billions of dollars in federal funding that support essential programs.
The lawsuit, filed Monday, challenges new funding conditions put in place by USDA effective December 31, 2025. The coalition argues that states face penalties if they do not comply with vague and expansive requirements tied to immigration, diversity, equity, inclusion, and gender identity. The legal action seeks to block USDA from enforcing these conditions on programs including the school lunch program, the Supplemental Nutrition Assistance Program (SNAP), the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), The Emergency Food Assistance Program (TEFAP), and the Volunteer Fire Capacity Program.
“These programs support children, working families, seniors, and rural communities,” Brown said. “Threatening to withhold food assistance from kids and vulnerable families is heartless—and against the law. That’s why it’s important that we fight back so Washingtonians get the support they need.”
USDA programs feed about 30 million children nationwide, provide monthly SNAP benefits to approximately 900,000 people in Washington, and serve more than 212,000 WIC participants in the state each year. The programs also fund university research, strengthen domestic food production, and support firefighting and emergency response initiatives.
The lawsuit contends that USDA has violated the Constitution’s Spending Clause by imposing coercive funding conditions without clear notice, and argues that the agency acted arbitrarily and beyond its statutory authority under the Administrative Procedure Act.
USDA officials have defended the measures as compliance with federal law. In February 2025, the Secretary of Agriculture, acting under President Donald Trump’s Executive Order “Ending Taxpayer Subsidization of Open Borders,” directed agency staff to align benefit programs with federal policies regarding immigration, gender identity, diversity, and inclusion. The department emphasized the steps were intended to ensure taxpayer dollars are spent appropriately, prevent fraud, and deter the use of federal funds in jurisdictions with “sanctuary” policies.
In March 2025, USDA Secretary Brooke Rollins also sent a letter to California Governor Gavin Newsom announcing a review of federal funding for education and research programs in the state. The review aimed to ensure compliance with federal law, including Titles VI and IX, as well as the Family Educational Rights and Privacy Act (FERPA). USDA stated it would support the U.S. Department of Education’s investigations and monitor programs to safeguard parental rights and prevent unauthorized medical interventions on students.
States joining Washington in the lawsuit include California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, and Wisconsin. The legal challenge seeks to prevent USDA from enforcing funding conditions that critics say could jeopardize vital programs for millions of Americans.
