Attorney General Kathy Jennings, with a coalition of 19 attorneys general, today filed two separate lawsuits against the Trump administration for attempting to illegally coerce their states into sweeping immigration enforcement by threatening to withhold billions in federal funding for emergency services and infrastructure. 

The coalition filed one lawsuit against the Federal Emergency Management Agency (FEMA), the Department of Homeland Security (DHS) and DHS Secretary Kristi Noem. The coalition filed a second lawsuit against the Department of Transportation (DOT) and DOT Secretary Sean Duffy. Each agency has imposed sweeping new conditions that would require the states and state agencies to cooperate with federal immigration enforcement efforts or lose out on billions of federal dollars that states use to protect public safety and transportation infrastructure.

“It is shocking – but unfortunately not surprising – that the only way this administration can be made to act lawfully is through the courts forcing them to do so,” said Attorney General Kathy Jennings. “With these lawsuits, my colleagues and I once again state what should be obvious: the President is not a king, and he does not have the power to ignore the laws and appropriations that both Congress and the Executive Branch have approved. Make no mistake: these illegal cuts aren’t being proposed to save money – they’re meant to pummel our states into political obedience.”

The attorneys general explain that Congress has established dozens of federal grant programs administered by FEMA and the DOT. The money Congress appropriated to those programs funds projects that range from disaster relief and flood mitigation to railroad, bridge and airport construction.

In February, Secretary Noem directed DHS and its sub-agencies, including FEMA, to cease federal funding to jurisdictions that do not assist the federal government in the enforcement of federal immigration law. In March, DHS amended the terms and conditions it places on federal funds to require recipients to certify that they will assist in enforcing federal immigration law.

Soon after Noem’s decision, DOT Secretary Duffy issued a letter to grant recipients informing them of his intent to require all state and local governments to assist in federal immigration enforcement as a condition of obtaining DOT funds. Those funds include grants for highway construction, public transportation maintenance, and competitive funds for airport and railway improvement.

In recent weeks, state grant applicants have seen similar immigration-enforcement language added to the terms and conditions governing grants administered by the Federal Railroad Administration, the Federal Highway Administration and the Federal Transit Administration.

In their lawsuit against FEMA, Raoul and the coalition point out that the immigration conditions exceed FEMA’s legal authority. The coalition further explains the conditions are unconstitutional because Congress appropriated the billions of federal dollars to help states prepare for, protect against, respond to and recover from catastrophic disasters. The safety and well-being of Americans could be at risk if states are forced to forfeit hundreds of millions of dollars in federal emergency preparedness and response funds. Last year, Delaware alone received more than $10.3 million in federal funding from FEMA. AG Jennings and her fellow attorneys general emphasize that these conditions will also damage the carefully built trust between law enforcement and immigrant communities that is critical to promoting public safety.

In their lawsuit against the DOT, the coalition points out that imposing an immigration-enforcement condition on all federal transportation funds, which Congress appropriated to support critical infrastructure projects, is beyond the agency’s legal authority. The coalition states rely upon DOT money to fund highway development and airport safety projects, to prevent injuries and fatalities from traffic accidents, and to protect against train collisions. Last year, Delaware received nearly $324.5 million, which funded not only highway construction projects, but also public transportation projects, transportation for seniors and individuals with disabilities, highway safety programs, and improvements at Wilmington Airport.  The attorneys general contend that withholding the federal funding will damage public infrastructure across the country and will undermine public trust and cooperation in criminal investigations.

Joining Attorney General Jennings in filing the lawsuits are attorneys general from California, Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Washington, Wisconsin and Vermont.

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