A federal judge in Rhode Island on Tuesday accused the Trump administration of attempting to bully states into accepting conditions that require them to cooperate on immigration enforcement actions to qualify for disaster funding, following a ruling that deemed those actions unconstitutional.
U.S. District Judge William Smith, appointed by former Republican President George W. Bush, issued a summary judgment last month determining that the Department of Homeland Security (DHS) could not impose such conditions. Despite this ruling in September, a coalition of 20 state Democratic attorneys general contended that the DHS continued to attach these conditions to federal grants, along with language implying they would enforce the conditions if the judge's ruling was stayed, vacated, or extinguished.
Smith ordered DHS to stop enforcing these conditions against the plaintiff states permanently. The judge demanded that the agency amend its documents within seven days to remove references to complying with federal immigration law and to eliminate the conditional nature of the rulings.
The judge emphasized that the actions taken by the agency contravened his order, derogatorily remarking that the continued conditionality was a poorly veiled attempt to intimidate the states.
Smith's ruling highlighted a deep concern regarding the federal government's approach to leveraging disaster funding as a tool for enforcing immigration policies, suggesting that it complicates emergency management funding essential for state disaster preparedness.
The states involved argued that for decades they have relied on federal funding to manage disaster responses. However, they maintained that the obligations imposed by the Trump administration jeopardized vital funding for disaster mitigation and response initiatives, all while diverting state resources to immigration enforcement not typically under their jurisdiction.
The plaintiffs successfully argued that this strategy was unconstitutional and in violation of the Administrative Procedure Act, a statute governing federal agency regulations. They posited that the DHS has effectively worked to commandeer state emergency resources by making grants contingent on immigration compliance.
The Department of Homeland Security defended its stance, asserting that it was lawful to notify states of potential conditions, given the uncertainty of the judge's ruling in the event of an appeal. They claimed that the plaintiffs were attempting to circumvent rightful federal protections.
