Democrats are suing the Trump administration in part over its refusal to use the SNAP emergency fund, which they contend has about $5 billion, to fund the program. But a recent memo by the U.S. Department of Agriculture (USDA) argued there was no legal standing to use the fund and that federal SNAP funds would run dry by Nov. 1 if Democrats did not vote to end the shutdown.

A pair of federal judges ruled on Friday that the administration would have to pay out the food stamp benefits for November, either in full or partially.

USDA Secretary Brooke Rollins affirmed the memo during a Friday press conference,