Michigan Attorney General Dana Nessel, alongside 19 other state attorneys general, has initiated legal action against the Trump Administration. The lawsuits challenge attempts by federal agencies to impose immigration enforcement conditions on federal funding for emergency services and infrastructure.
The coalition's first lawsuit targets the Federal Emergency Management Agency (FEMA), the Department of Homeland Security (DHS), and DHS Secretary Kristi Noem. The second lawsuit is directed at the Department of Transportation (DOT) and DOT Secretary Sean Duffy. These lawsuits address new requirements that demand state cooperation with federal immigration efforts or risk losing essential federal funds.
“The Trump Administration is illegally tying immigration enforcement demands to vital federal funding grants that have absolutely nothing to do with immigration,” said Nessel. “These funds are meant to repair aging roads and bridges, strengthen public safety, and ensure law enforcement has the tools they need to act quickly in emergency situations."
Attorney General Nessel explained that Congress established numerous grant programs through FEMA and DOT for projects ranging from disaster relief to transportation infrastructure improvements. In February, Secretary Noem instructed DHS and its sub-agencies to halt funding to jurisdictions not assisting in enforcing immigration laws. Subsequently, DOT's Duffy announced similar conditions for transportation-related grants.
State applicants have noted the inclusion of immigration-enforcement stipulations in recent grant terms from several transportation agencies. The coalition argues these conditions exceed legal authority and could endanger public safety by withholding critical preparedness funds.
Nessel highlighted Michigan’s reliance on over $60 million received in 2024 through DHS grants for emergency management, along with nearly $257 million from FEMA for disaster response. The lawsuit contends that these measures threaten established trust between law enforcement and immigrant communities.
The second lawsuit emphasizes the impact on transportation infrastructure if DOT funds are withheld due to non-compliance with immigration conditions. Michigan alone has been awarded more than $771 million since 2021 for various development projects, much of which remains unobligated.
Projects at risk include crucial developments such as:
- Grade Separation of M-85 and CN Railroad Project
- Manistee River Bridge Replacement Project
- River Raisin Bridge and Interstate 75 Revitalization Project
The coalition includes attorneys general from states including California, New York, Illinois, Washington, among others.