Maryland Attorney General Anthony Brown is suing the Trump administration over its decision to suspend food benefits for more than 42 million Americans during a government shutdown.

The filing accuses the Trump administration of unlawfully canceling the critical benefit, which is regulated by federal law. The cancellation has left states scrambling to cover the gap days ahead of a key payment deadline.

In a statement, Brown asked the federal government to cover payments with money already set aside by Congress. The Democrat said “time is running out” to keep Maryland families from losing access to food.

“We’re taking the Trump administration to court because Maryland’s children and families deserve better than a federal government that chooses to let them go hungry despite having the resources to help,” Brown said.

The U.S. Department of Agriculture did not respond to questions about the lawsuit but in a memo blamed Senate Democrats for the lapse in funding amid a partisan deadlock over government funding. The White House referred questions to the USDA.

Brown joined a coalition of Democratic attorneys general who since January have filed a bevy of lawsuits and briefs pushing back against the Trump administration’s policies and spending cuts.

The lawsuit comes days after the U.S. Department of Agriculture said it will not use a $6 billion contingency fund to partially cover Supplemental Nutrition Assistance Program benefits starting Nov. 1.

Advocates had asserted the USDA was legally required to use the money as the shutdown fight in D.C. spilled into a fourth week, restricting federal government operations.

The USDA issued a politically charged memo, saying it would not use the reserves and blaming congressional Democrats for “blocking government funding.” The agency warned states on Oct. 10 not to issue payment requests because the USDA would not pay them back.

Gov. Wes Moore said without the assurance of a reimbursement, Maryland will not front the roughly $133 million monthly bill. The Democratic governor said no state is prepared to cover the void.

Maryland has $3.5 billion in cash available, but if some of that money is used for SNAP and not reimbursed, other government programs could potentially end up short of money, according to the Moore administration.

SNAP, one of the country’s largest anti-poverty social safety nets, is administered by states but largely funded by the federal government.

In Maryland, that resource helps 680,000 people, or one in nine residents, buy food each month. Roughly 270,000 are children. The average monthly benefit is $180.

State lawmakers will meet on Wednesday to discuss potential approaches to helping bridge the gap.