Twenty Democratic states, led by California, are suing the Trump administration as they seek to halt President Donald Trump’s threat to withhold funding for transportation, counterterrorism and disaster relief if they don’t work with federal immigration enforcement. The states filed a pair of lawsuits Tuesday, May 13, in a Rhode Island federal court.
What do the states allege?
The states accuse the U.S. Department of Transportation and the U.S. Department of Homeland Security (DHS) of illegally withholding federal money to force them into complying with Trump’s federal immigration policy, which aims to achieve the largest mass deportation in U.S. history.
California Attorney General Rob Bonta, who is leading the legal effort against the federal government, argues the administration’s vow to withhold federal funding from states that do not comply with the president’s immigration agenda is “blatantly illegal.”
“He’s treating these funds, which have nothing to do with immigration enforcement and everything to do with the safety of our communities, as a bargaining chip,” Bonta said in a statement.
The plaintiffs argue that Trump’s threat to withhold grant money is unconstitutional because only Congress has the authority to allocate federal funding.
What has the administration said and done?
In a statement, DHS spokesperson Tricia McLaughlin defended the practice of tying federal funding to immigration enforcement.
“Radical sanctuary politicians need to put the safety of the American people first– not criminal illegal aliens,” McLaughlin said.
Trump signed several executive orders reducing federal funding for states or communities that fail to cooperate with federal immigration enforcement. These communities, known as sanctuary jurisdictions, typically have rules and laws that restrict or outlaw local authorities from working with federal agents on civil immigration arrests. They also typically require a signed warrant before cooperating with federal immigration enforcement.
The administration’s legal challenges
The lawsuits come after a federal judge issued an injunction blocking the administration from keeping federal funding from more than a dozen cities and counties due to their refusal to assist with civil immigration arrests. In April, A California-based federal judge said that withholding money already appropriated by Congress runs afoul of the U.S. Constitution’s separation of powers provision. The judge issued a similar ruling during Trump’s first term.
The U.S. Department of Justice also filed lawsuits against Illinois, New York and Colorado in an attempt to block laws in these states that the department argues hurt federal immigration enforcement efforts.
The lawsuits
One of the two lawsuits filed Tuesday challenges DHS rules that require states to work with federal civil immigration authorities. If the states don’t comply, they are deemed ineligible for emergency, disaster recovery and cybersecurity grants.
The second lawsuit aims to challenge a memo issued by U.S. Transportation Secretary Sean Duffy, who wrote on April 24 that the administration may withhold transportation funding from states that refuse to help federal immigration authorities or have diversity, equity and inclusion initiatives in place.
New Jersey Attorney General Matthew Platkin took issue with Duffy’s letter, given Newark airport’s rash of problems recently, including with its radar systems. “I wish the administration would stop playing politics with people’s lives,” Platkin said. “I wish Secretary Duffy would do his damn job, which is to make sure planes land on time, not direct immigration enforcement.”
The states in the lawsuits include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Washington, Wisconsin and Vermont.
The lawsuits follow other efforts by Democratic-led states against the Trump administration, including challenges to the president’s policy on tariffs and the mass firings of federal workers.
