AG James and Multistate Coalition Challenge Illegal Conditions on Critical FEMA Funds That Keep Communities Safe
New York Attorney General Letitia James today joined a coalition of 23 other attorneys general and the governors of Kentucky and Pennsylvania in suing the Trump administration to stop illegal new threats to billions of dollars in critical funds from the Federal Emergency Management Agency (FEMA) that states rely on to keep people safe. The administration has recently imposed a wide range of new conditions on FEMA funds to coerce states into supporting its mass deportation agenda and efforts to control states’ elections. States that do not comply with these illegal new conditions would be cut off from programs that fund anti-terrorism efforts, support police and fire departments, help first responders prepare for natural disasters, and protect critical infrastructure from attacks and other emergencies. The administration has also imposed a new condition on all FEMA funds that grants the agency new powers to terminate funding that the administration believes does not align with “the national interest.” This would effectively allow FEMA to cut off funding for any state at any time. In their lawsuit, Attorney General James and the coalition argue that these new conditions are unlawful and unconstitutional, and ask the court to issue an order preventing them from being implemented.
“Funding to stop terrorist attacks, prevent natural disasters, and help communities rebuild after an emergency should never be used as a political weapon,” said Attorney General James. “I will not allow this administration to jeopardize resources for our police, firefighters, and first responders as a way to meddle in our election systems and threaten our immigrant communities. We have successfully stopped these threats to FEMA funds before, and we will do it again.”
FEMA provides billions of dollars every year to states through a variety of programs to protect communities and help them rebuild after disasters. These programs include funding to train first responders, reduce the risks of flooding and earthquakes, improve critical infrastructure to protect against attacks, and provide more resources for law enforcement to stop potential threats. New York receives approximately $250 million in FEMA grants each year. Nearly $60 million for New York from the Homeland Security Grant Program (HSGP) supports HazMat teams, bomb squads, cybersecurity efforts, and other law enforcement activities to stop potential threats. Another $142 million from HSGP supports New York’s critical emergency preparedness and response planning.
The Trump administration has repeatedly attempted, and failed, to use these critical FEMA funds to force states to comply with its political agenda. Most recently, FEMA instituted a series of conditions on its funds to force states to comply with the administration’s mass deportation agenda and attacks on the integrity of states’ election systems. New conditions on HSGP funds would force states to verify the citizenship of all those in their voter database using a faulty federal system, spend millions of dollars to transition their voting systems to equipment that the president prefers, conduct expensive and unnecessary post-election audits, and more. Attorney General James and the coalition argue that these requirements would undermine the constitutional principle of giving states, not the federal government, the authority to oversee their elections. Other conditions imposed by the administration would hold FEMA funds hostage unless states devote their resources to assisting federal immigration enforcement, even if doing so would violate state laws.
The administration is also attempting to impose new terms on all FEMA funds that would allow the agency to terminate any funds at any time to states if they are not being used to meet vague “agency priorities.” Attorney General James and the coalition contend that these new terms would effectively allow the Trump administration to cut off critical public safety funds to any state on a whim. States would have little control over these resources and dangerously limited ability to plan investments and programs to keep their residents safe.
Attorney General James and the coalition argue that these new conditions on FEMA funds violate federal law and the Constitution. The law establishing the Department of Homeland Security (DHS), which oversees FEMA, does not allow the agency to impose terms on states’ funds that require them to take immigration enforcement action or modify their election procedures. The conditions also violate the Administrative Procedure Act by imposing arbitrary changes to federal funding programs. The conditions also violate the Constitution by making spending decisions through the executive branch that should be controlled by Congress. Attorney General James and the coalition are seeking a court order declaring these conditions unlawful and preventing them from being implemented or enforced.
Attorney General James joins in filing this lawsuit with the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New Jersey, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and the District of Columbia, as well as the governors of Kentucky and Pennsylvania.
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