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Lawsuits challenge DHS and DOT requirements that tie billions in emergency and infrastructure funds to immigration enforcement cooperation
5-14-2025 4:14pm
NJ Sues Trump Admin for Withholding Billions in Federal Aid Over Immigration Enforcement
Morristown, NJ — May 14, 2025 — New Jersey Attorney General Matthew J. Platkin has co-led a coalition of 20 attorneys general in filing two federal lawsuits challenging the Trump Administration’s recent moves to withhold billions in federal funding unless states agree to assist in civil immigration enforcement. The lawsuits target the Department of Homeland Security (DHS), including the Federal Emergency Management Agency (FEMA), and the U.S. Department of Transportation (USDOT), alleging that the conditions imposed by these agencies exceed their statutory authority and threaten public safety and infrastructure.
Filed earlier today, the lawsuits assert that the administration is illegally conditioning federal funds—earmarked by Congress for emergency services, law enforcement, and infrastructure improvements—on state participation in enforcing federal immigration laws.
The legal action arises in response to directives issued by DHS Secretary Kristi Noem in February and USDOT Secretary Sean Duffy in March. Secretary Noem ordered a halt to federal funding through DHS and FEMA for jurisdictions not actively supporting federal immigration enforcement. Subsequently, the DHS began amending the terms of all new federal grants to include immigration enforcement cooperation as a mandatory condition. DOT followed suit with similar conditions affecting grants for highway, railway, and airport projects.
According to Attorney General Platkin, these changes place New Jersey’s annual federal funding—over $2 billion at stake—jeopardizing programs ranging from terrorism prevention and disaster relief to transportation maintenance and safety.
“Instead of working together with us to keep our communities safe, the Trump Administration is playing political games and threatening to withhold billions of dollars of federal funding that are critical for public safety. Stripping away essential funding for law enforcement, counterterrorism, emergency response, disaster preparedness and relief, and transportation infrastructure is completely inexcusable, and New Jerseyans deserve better,” said Attorney General Platkin. “By illegally threatening federal funding for infrastructure, emergency management, and even counterterrorism efforts, the Trump Administration is putting the lives of our residents at risk. These threats are outrageous, and they are unlawful. That is why I am co-leading two lawsuits against the U.S. Department of Homeland Security and the U.S. Department of Transportation to ensure that our New Jersey communities are not harmed by these reckless actions.”
The first lawsuit, filed against DHS, FEMA, and Secretary Noem, argues that the imposed conditions violate constitutional principles by undermining Congressional authority over appropriations. It emphasizes that the new requirements interfere with public safety operations and could erode trust between law enforcement and immigrant communities—relationships critical to effective policing and emergency response.
The second lawsuit, directed at the USDOT and Secretary Duffy, contests the legality of tying immigration enforcement to transportation funding. The coalition argues that these changes threaten to disrupt vital infrastructure projects nationwide and compromise efforts to reduce accidents and modernize transportation networks.
The multi-state coalition includes attorneys general from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, Oregon, Rhode Island, Washington, Wisconsin, and Vermont, along with New Jersey.
The lawsuits underscore a broader legal and political debate over the role of states in federal immigration enforcement and the extent of executive branch authority in conditioning federal aid. While legal proceedings are ongoing, the contested policies could significantly affect New Jersey’s ability to fund critical infrastructure and emergency preparedness initiatives in Morristown and across the state.
