Attorneys general from 20 states filed two lawsuits on May 13 alleging that the Trump administration had threatened to withhold federal grants unless their states agreed to cooperate with immigration enforcement efforts.
In the first suit, the multi-state coalition sued the Federal Emergency Management Agency (FEMA) and the Department of Homeland Security (DHS) over federal grants related to disaster relief and flood mitigation efforts.
The second lawsuit was directed at the Department of Transportation (DOT) over federal funding intended to support transportation projects, including highway development and public transportation maintenance.
Both lawsuits alleged that the administration overstepped its authority and violated the Spending Clause of the U.S. Constitution when it placed immigration enforcement conditions on billions of dollars in federal funding. The states argued that it is Congress that determines federal spending, not the executive branch.
Raoul said the 20 states rely on congressionally approved funding, warning that freezing “lifesaving” funding from FEMA and DOT could impact public safety and infrastructure projects.
“This critical funding has nothing to do with immigration, and the administration’s attempts to hold it hostage unless states agree to do the federal government’s job of civil immigration enforcement is unconstitutional and outrageous,” Raoul said in a statement.
DHS spokesperson Tricia McLaughlin said the administration remains committed to “restoring the rule of law,” adding that states attempting to prevent the federal government’s efforts to arrest “criminal illegal aliens” should not receive federal funding.
Transportation Secretary Sean Duffy said the states filed the lawsuits because “their officials want to continue breaking federal law and putting the needs of illegal aliens above their own citizens.”
Joining Raoul in the lawsuits are attorneys general from California, New Jersey, Rhode Island, Maryland, Colorado, Connecticut, Delaware, Hawaii, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, Oregon, Vermont, Washington, and Wisconsin.
California Attorney General Rob Bonta, also leading the legal challenge, called the departments’ move “blatantly illegal,” noting that President Donald Trump doesn’t have authority to compel state and local governments to cooperate with the federal immigration crackdown.
In his order, the president said that the states were obstructing and defying federal immigration enforcement despite the need for the federal government’s intervention amid an invasion at the southern border.
“This is a lawless insurrection against the supremacy of Federal law and the Federal Government’s obligation to defend the territorial sovereignty of the United States,” the order stated.
The order specifically directs Attorney General Pam Bondi to target any state or local laws that may prioritize illegal immigrants over U.S. citizens, including in-state tuition benefits or favorable criminal sentencing.
