Trump-appointed judge: DHS must restore disaster grants to Democratic states
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Homeland Security Secretary Kristi Noem on Capitol Hill earlier this month. Photo: Saul Loeb/AFP via Getty Images
A federal judge blocked Trump administration efforts to reallocate Department of Homeland Security counterterrorism and security grants away from states that won't cooperate on the president's immigration enforcement policies.
Why it matters: New York's attorney general called the Trump-appointed judge's ruling that was scathing of the administration a "significant win" for N.Y. and the 10 other Democratic-run states and D.C., which brought the lawsuit.
- The grants were from the Homeland Security Grant Program, which provides states and local governments with "critical resources to plan for and prevent natural disasters, terrorist attacks, and other emergencies," N.Y. Attorney General Letitia James said in a statement.
Context: A George W. Bush-appointed judge in September struck down a Trump administration policy of withholding funding from states unwilling to cooperate with ICE, after D.C. and 20 states sued the DHS and FEMA.
- D.C. and the 11 states filed a fresh lawsuit that month, saying the DHS had indicated it was reallocating hundreds of millions of dollars of anticipated awards to "sanctuary jurisdictions" elsewhere.
- Others to join the suit U.S. District Judge Mary McElroy ruled on Tuesday are the attorneys general of California, Connecticut, Delaware, Illinois, Massachusetts, Minnesota, New Jersey, Rhode Island, Vermont and Washington.
Driving the news: McElroy wrote in her ruling, which the DHS has indicated it will appeal, that the case marked "another example" of the administration tying federal grant funding to state and local government assistance with federal immigration enforcement.
- "Defendants' wanton abuse of their role in federal grant administration is particularly troublesome given the fact that they have been entrusted with a most solemn duty: safeguarding our nation and its citizens," wrote McElroy in the ruling in Rhode Island, which found the administration had violated the Administrative Procedure Act.
- To "hold hostage funding" for programs that are designed to protect Americans "based solely on what appear to be Defendants' political whims is unconscionable and, at least here, unlawful," McElroy added.
What they're saying: James said in her statement the Trump administration's "attempt to play politics" with funding that's designed to keep people safe "was illegal and put our state at risk" and the ruling would help in state officials' efforts to protect residents "from reckless funding cuts."
The other side: "For too long, FEMA's outdated programs treated taxpayer money like a free-for-all," DHS assistant secretary Tricia McLaughlin said in a statement shared with Axios and other outlets.
- "DHS has been relentless in its efforts to eliminate waste and ensure every dollar strengthens our communities" under the leadership of President Trump and Homeland Security Secretary Kristi Noem, McLaughlin said in the Wednesday email.
- "This judicial sabotage threatens the safety of our states, counties, towns, and weakens the entire nation. We will fight to restore these critical reforms and protect American lives."
Read the ruling in full, via DocumentCloud:
Go deeper: Trump undoes $187 million cut to NY security funds after GOP outcry
Editor's note: This article has been updated with comment from DHS assistant secretary Tricia McLaughlin.
