A multi-state coalition claims the Trump administration has stepped over its powers when it linked immigration enforcement conditions to federal grants.
The attorney general for 20 states filed two lawsuits on May 13, claiming that he threatened to withhold federal grants unless the Trump administration agreed to cooperate with immigration enforcement efforts.
In the first lawsuit, a 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) on federal funding aimed at supporting transportation projects, including highway development and public transport maintenance.
Both lawsuits alleged that the administration violated the U.S. Constitution’s expenditure clause when it exceeded its authority and placed the terms of immigration enforcement on billions of dollars in federal funds. The state argued that it is Congress that decides federal spending rather than administrative agencies.
Raul said 20 states rely on financing approved by the legislature and warn that freezing “life-saving” funds from FEMA and DOT could impact public safety and infrastructure projects.
“This important funding has nothing to do with immigration, and any attempt to hold the administration’s hostages unless the state agrees to do federal government work in civil immigration enforcement is unconstitutional and outrageous,” Raul said in a statement.
DHS spokesman Tricia Mclaughlin said the administration is still committed to a “restoring the rule of law,” adding that states that seek to prevent federal efforts to arrest “criminal illegal aliens” should not receive federal funds.
Transport Secretary Sean Duffy said the state filed a lawsuit because “their officials want to continue to break federal law and put the needs of illegal foreigners above their citizens.”
Joining Raul in the lawsuit is the Attorney General of California, New Jersey, Rhode Island, Maryland, Colorado, Connecticut, Delaware, Hawaii, Maine, Massachusetts, Michigan, Minnesota, Nevada, New York, New York, Oregon, Washington, Washington and Nevada.
California Attorney General Rob Bonta led the legal agenda, calling the department’s move “blatantly illegal” and said President Donald Trump has no authority to force state and local governments to cooperate in cracking down on federal immigration.
In his order, the president said the state was hampering and rebelling in enforcement of federal immigrants despite the need for federal intervention amid invasions of the tropical borders.
“This is an outlaw riot over the advantages of federal law and the federal government’s obligation to defend U.S. territorial sovereignty,” the order said.
The order specifically directs Attorney General PAM Bondi to target state or local laws that could prioritize illegal immigration over US citizens, such as in-state tuition fees and favorable criminal sentences.
The Associated Press and Jacobberg contributed to this report.
