California has joined other states in a lawsuit Tuesday against the Trump administration over its refusal to fund food assistance benefits, according to Gov. Gavin Newsom’s office.

Newsom and state Attorney General Rob Bonta say the administration’s refusal to provide benefits under the Supplemental Nutrition Assistance Program during the federal government shutdown, despite having the funds to support the program in November, is unlawful.

Newsom and Bonta say the United States Department of Agriculture (USDA) is needlessly suspending November SNAP benefits, causing 5.5 million Californians to lose access to food assistance. The USDA has the ability and an obligation to use contingency funds for SNAP even during the shutdown, something the administration promised to do but then didn’t, the officials say.

Gov. Gavin Newsom during a Tuesday news conference addresses a lawsuit against the Trump administration over the suspension of SNAP funding.

“While Donald Trump parades around the world trying to repair the economic damage he’s done with his incompetence, he’s denying food to millions of Americans who will go hungry next month,” Newsom said in a release. “It’s cruel and speaks to his basic lack of humanity. He doesn’t care about the people of this country, only himself.”

California has moved to protect families from hunger by fast-tracking $80 million in state funds to stabilize food banks and offset delays in federal CalFresh benefits.

Some Bay Area counties also are taking action to make up for the loss to their residents who rely on SNAP benefits. Alameda County leaders approved $10 million to aid community food banks in support of those in the program. Contra Costa County reportedly will look at a gift card program for SNAP beneficiaries.

Bonta said it’s the first time ever SNAP benefits won’t be available to millions who depend on them to put food on the table.

“November SNAP benefits can and must be provided, even with the government shutdown,” Bonta said. “USDA not only has authority to use contingency funds, it has a legal duty to spend all available dollars to fund SNAP benefits. The Trump Administration, however, has chosen instead to play politics with this essential safety net that so many people depend on.”

This is the 45th lawsuit the state has filed against the Trump administration this year. Bonta expects to see quick action in the courts.

“We believe we can get a restraining order in short order and that the SNAP benefits will flow as they should have been flowing already,” he said.