In separate lawsuits filed on May 13, 20 Democratic state attorneys general sued the Trump Administration for conditioning their states' receipt of funding appropriated by Congress for the Department of Homeland Security (DHS) and the Department of Transportation (DOT) on the states' enforcing the President's immigration agenda.
The states claim that the Trump Administration is unconstitutionally holding billions of dollars in their share of funding for DHS and DOT "hostage" by conditioning the states' receipt of those funds on whether the states comply with a set of conditions requiring them to assist in federal civil immigration enforcement. The lawsuits claim that the conditions on the funding are unconstitutionally vague and violate the separation of powers by encroaching on Congress' power to set funding requirements.
The complaint against the DOT alleges that the funding that is subject to the immigration-related conditions is "essential to sustain critical public safety and transportation programs, including highway development, airport safety projects, protections against train collisions, and programs to prevent injuries and deaths from traffic accidents." The complaint against DHS alleges that the plaintiff states rely on DHS funding to "prepare for, protect against, respond to, and recover from catastrophic disasters."
The states seek a declaratory judgment that the conditions imposed on the funding are unlawful and prospective injunctive relief on enforcement of the conditions. The states bringing the two lawsuits include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Washington, Wisconsin and Vermont.
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