New York Attorney General Letitia James, along with 19 other state attorneys general, has filed a lawsuit against the U.S. Department of Homeland Security (DHS). The lawsuit aims to prevent DHS from imposing new conditions that link emergency management and disaster relief funding to state immigration enforcement actions. Since January, DHS Secretary Kristi Noem and other officials have been pressuring states to align with the administration's deportation policies. According to the plaintiffs, this involves threatening states with loss of essential funding unless they comply.
Attorney General James criticized DHS's approach, stating: “DHS is holding states hostage by forcing them to choose between disaster preparedness and enabling the administration’s illegal and chaotic immigration agenda.” She emphasized that such funding is crucial for New Yorkers during natural disasters like hurricanes and floods.
The lawsuit argues that recent DHS requirements mandate states redirect law enforcement resources towards federal immigration enforcement or face significant cuts in emergency preparedness funds. This includes programs designed for cybersecurity and disaster relief. The coalition claims there is no legal basis for withholding these critical funds.
The attorneys general highlight that at-risk funding was intended by Congress for disaster mitigation, not enforcing immigration laws. They stress the importance of these grants for first responder salaries, training programs, and infrastructure improvements to safeguard schools and religious institutions from attacks.
Specific grant programs under threat include:
- State Homeland Security Program (SHSP)
- Urban Area Security Initiative
- Emergency Management Performance Grant Program
- State and Local Cybersecurity Grant Program
- Nonprofit Security Grant Program (NSGP)
Last year, New York received $44 million through NSGP to protect vulnerable communities from extremist violence. Such funds help enhance security measures in synagogues and Jewish day schools facing antisemitic threats.
Disaster response initiatives also jeopardized encompass:
- Public Assistance Program
- National Urban Search & Rescue Response System
- Disaster Case Management
- Hazard Mitigation Grant Program
- Flood Mitigation Assistance Grants
Further programs at risk include Fire Management Assistant Grants, National Earthquake Hazards Reduction, National Dam Safety Program, Port Security Grants, among others.
Attorney General James points out that New York could lose hundreds of millions in preparedness funding under these conditions. Resources vital for bomb squads, intelligence centers, SWAT teams, hazmat units as well as FEMA Public Assistance are all potentially affected.
James asserts that accepting DHS terms would undermine law enforcement efforts and damage trust between immigrant communities and police forces. The coalition contends that using federal funds coercively exceeds constitutional limits on executive power. They seek a court ruling to declare these conditions unlawful.
The attorneys general joining James are from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan Minnesota Nevada New Jersey New Mexico Oregon Rhode Island Washington Wisconsin Vermont.
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