Attorney General Kathy Jennings, along with a coalition of 19 attorneys general, has initiated legal action against the Trump administration. The lawsuits challenge the administration's attempt to impose immigration enforcement conditions on federal funding for emergency services and infrastructure.
The coalition filed two separate lawsuits. One targets the Federal Emergency Management Agency (FEMA), the Department of Homeland Security (DHS), and DHS Secretary Kristi Noem. The other is directed at the Department of Transportation (DOT) and DOT Secretary Sean Duffy. These agencies have introduced new conditions requiring states to cooperate with federal immigration enforcement or risk losing billions in federal funding critical for public safety and infrastructure projects.
Attorney General Kathy Jennings expressed her concerns: “It is shocking – but unfortunately not surprising – that the only way this administration can be made to act lawfully is through the courts forcing them to do so,” she said. “With these lawsuits, my colleagues and I once again state what should be obvious: the President is not a king, and he does not have the power to ignore the laws and appropriations that both Congress and the Executive Branch have approved. Make no mistake: these illegal cuts aren’t being proposed to save money – they’re meant to pummel our states into political obedience.”
The attorneys general argue that Congress has set up numerous federal grant programs managed by FEMA and DOT. These programs fund essential projects like disaster relief, flood mitigation, railroad construction, bridge building, and airport development.
In February, Secretary Noem instructed DHS and its sub-agencies, including FEMA, to halt federal funding for jurisdictions that do not support federal immigration law enforcement. In March, DHS altered its funding terms to require recipients' certification of their assistance in enforcing immigration laws.
Following this decision by Noem, DOT Secretary Duffy informed grant recipients of his intention to mandate state and local government cooperation in immigration enforcement as a condition for receiving DOT funds. These funds cover highway construction grants, public transportation maintenance, airport improvements, and railway enhancements.
Recently, similar language regarding immigration enforcement has been added to grant terms administered by entities such as the Federal Railroad Administration and Federal Highway Administration.
In their lawsuit against FEMA, Raoul and the coalition argue that these conditions exceed FEMA’s legal authority. They claim that these requirements are unconstitutional since Congress allocated billions in federal dollars for states' disaster preparedness and response efforts. Delaware alone received over $10.3 million from FEMA last year. AG Jennings emphasizes that such conditions could erode trust between law enforcement and immigrant communities crucial for public safety.
The lawsuit against DOT argues that imposing an immigration-enforcement condition on all federal transportation funds surpasses DOT’s legal authority. States depend on this funding for highway development, airport safety projects, traffic accident prevention measures, train collision protection initiatives among others. Last year Delaware received nearly $324.5 million from DOT which funded various transportation-related projects including those benefiting seniors or individuals with disabilities alongside improvements at Wilmington Airport.
Joining Attorney General Jennings in filing these lawsuits are attorneys general from California Colorado Connecticut Hawaii Illinois Maine Maryland Massachusetts Michigan Minnesota Nevada New Jersey New Mexico New York Oregon Rhode Island Washington Wisconsin Vermont