Attorney General Kwame Raoul has secured a legal victory to prevent the federal government from reducing homeland security funding to states based on their alignment with federal immigration enforcement policies. The U.S. District Court for the District of Rhode Island granted summary judgment in favor of Raoul and a coalition that included 11 other state attorneys general and the governor of Pennsylvania.
“I’m pleased with the court’s ruling. Congress approved this funding with the understanding that our nation is at its strongest when all Americans, regardless of where they reside, are protected from terrorist attacks, natural disasters and other life-threatening emergencies,” said Raoul. “I will continue to stand with my colleagues against the Trump administration’s illegal and dangerous attempts to coerce states into compliance with the president’s political agenda.”
The dispute began on September 27, when the Department of Homeland Security (DHS) and Federal Emergency Management Agency (FEMA) made significant cuts to certain states’ homeland security grants just days before the end of the federal fiscal year. These reductions targeted states that did not shift law enforcement resources toward enforcing federal immigration laws. The funds were then redistributed to other states.
FEMA’s Homeland Security Grant Program (HSGP), which provides about $1 billion annually for terrorism prevention and emergency preparedness, awarded only $250 million to the 12 plaintiff states—a nearly 49% reduction from what had previously been indicated. Illinois experienced a 69% cut, losing over $30 million in funding; New York faced a 79% reduction, amounting to more than $100 million.
U.S. District Court Judge Mary McElroy determined that DHS considered state immigration enforcement policies when reallocating these funds. “Neither a law degree nor a degree in mathematics is required to deduce that no plausible, rational formula could produce this result,” McElroy wrote regarding how funding was reduced. “Nor could any reasonable, data-driven approach have resulted in the obviously manual increases in awards to favored jurisdictions.”
The court ordered DHS to revise HSGP awards so they reflect original allocations prior to last-minute changes. Additionally, other modifications—such as shortening grant periods from three years to one year and requiring population certifications excluding individuals removed under U.S. immigration laws—were ruled unlawful.
Raoul co-led this lawsuit alongside attorneys general from California, New Jersey, and Rhode Island; others joining included Connecticut, Delaware, Washington D.C., Massachusetts, Minnesota, New York, Vermont, Washington State, and Pennsylvania’s governor.