Judge rules against immigration conditions for disaster funds
Share and Follow


U.S. District Judge William Smith ruled it required cooperation was unconstitutional Wednesday.

BOSTON — A federal judge in Rhode Island ruled on Wednesday that it’s unconstitutional to require states to cooperate on immigration enforcement actions to get funding for disasters, which is overseen by the Federal Emergency Management Agency.

A coalition of 20 state Democratic attorneys general in May filed a federal lawsuit claiming that the Trump administration is threatening to withhold billions of dollars of disaster-relief funds unless states agree to certain immigration enforcement actions.

In a ruling granting a summary judgment to the plaintiffs and denying one for the federal government, U.S. District Judge William Smith found that the “contested conditions are arbitrary and capricious” and that the actions are unconstitutional because they are “coercive, ambiguous, unrelated to the purpose of the federal grants.”

“Plaintiff States stand to suffer irreparable harm; the effect of the loss of emergency and disaster funds cannot be recovered later, and the downstream effect on disaster response and public safety are real and not compensable,” Smith wrote.

Rhode Island Attorney General Peter Neronha said the ruling was a “win for the rule of law and reaffirms that the President may not pick and choose which laws he and his Administration obey.”

“Today’s permanent injunction by Judge Smith says, in no uncertain terms, that this Administration may not illegally impose immigration conditions on congressionally allocated federal funding for emergency services like disaster relief and flood mitigation. Case closed,” he said.

In their complaint, states argued that for decades they counted on federal funding to prepare for, respond to and recover from disasters. But they argued conditions put forward by the Trump administration requiring them to commit state resources to immigration enforcement put at risk funding for everything from mitigating earthquake and flood risks to managing active wildfires.

The Department of Homeland Security “seek to upend this emergency management system, holding critical emergency preparedness and response funding hostage unless States promise to devote their scarce criminal enforcement resources, and other state agency resources, to the federal government’s own task of civil immigration enforcement beyond what state law allows,” the plaintiffs wrote.

They argued successfully that this not only was unconstitutional but that it violated the Administrative Procedure Act, a law that governs the process by which federal agencies develop and issue regulations.

“The conditions are arbitrary and capricious under the APA because DHS failed to provide a reasoned explanation, failed to consider the reliance interests of the states, and departed from longstanding funding practices without adequate justification,” Smith wrote.

The government had argued that the challenge was moot since it had already decided to exclude 12 of the 18 programs from having to comply with the immigration requirements. For the remaining programs, the government argued that this was a contract dispute that should be resolved in the Court of Federal Claims.

“Even if that were not so, Congress intended for the FEMA grant programs at issue to address national security and terrorism concerns that rely on the cooperation that the conditions promote,” the government wrote in court documents. “Congress did not preclude the placement of the challenged conditions on the grant programs at issue, and Plaintiffs have not established a likelihood of success on the merits with respect to these programs.”

A spokeswoman for DHS, Tricia McLaughlin, said in a statement Wednesday that the administration believes that “cities and states who break the law and prevent us from arresting criminal illegal aliens should not receive federal funding.”

“The Trump Administration is committed to restoring the rule of law. No lawsuit, not this one or any other, is going to stop us from doing that,” she said.

Copyright 2025 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.     

Share and Follow
You May Also Like
Jefferson County jury awards $10 million to deputy attacked by K9 in Hueytown

Jefferson County Jury Grants $10 Million in Landmark Case: Deputy’s K9 Attack Sparks Major Verdict

In a significant legal decision, a Jefferson County jury has delivered a…
Jacksonville leaders look to make Main Street Bridge a national landmark

Jacksonville Officials Advocate for National Landmark Status for Main Street Bridge

The Main Street Bridge, which has been prominently displayed on the Super…
Dozens of tenants in South Shore, Chicago building Customs and Border Protection raided being evicted: 'We don't deserve this'

Eviction Looms for Dozens in South Shore Building Following Customs and Border Protection Raid: ‘We Don’t Deserve This

In Chicago, a building notorious for a federal raid now faces a…
Pastor announces gender transition during service with congregation: 'Giving up pretending to be a man'

Pastor Embraces Authentic Self: Announces Gender Transition in Courageous Congregational Service

A Methodist pastor in New York has recently shared plans to begin…
National Guard shooting suspect hit with murder, assault charges

Suspect in National Guard Shooting Faces Charges of Murder and Assault

Watch: DC Bureau Examines Immigration Policies Following National Guard Incident The individual…
Cruise ship death: Cheerleader’s stepmom could be forced to testify against her own son

Father of Deceased Teen on Carnival Cruise Avoids Subpoena in Custody Dispute

The father of a Florida teenager who tragically passed away on a…
Republicans survive close call in Tennessee as another warning flares

Republicans Navigate Narrow Victory in Tennessee Amid Emerging Concerns

Republican Matt Van Epps secured a win in the special election for…
BMW axing a 30-year-old legend after producing a Final Edition model

Farewell to an Icon: BMW Bids Adieu to a 30-Year Legacy with Exclusive Final Edition Model

BMW has decided to conclude one of its most cherished projects. The…