Illinois AG files lawsuits over immigration conditions placed on federal funding

ILLINOIS (WCIA) — Illinois Attorney General Kwame Raoul is suing the Trump Administration over the immigration conditions that have been placed on federal funding.

Raoul and 19 other attorneys general filed two separate lawsuits. The first is aimed against the Federal Emergency Management Agency (FEMA), the Department of Homeland Security (DHS) and DHS Secretary Kristi Noem. The second was filed against the Department of Transportation (DOT) and DOT Secretary Sean Duffy.

Raoul said the lawsuits were filed against the Trump administration for “attempting to illegally coerce their states into sweeping immigration enforcement,” by threatening to withhold billions. Each agency named in the suit has imposed new conditions that would require the states to cooperate with federal immigration enforcement efforts — or risk losing federal dollars.

Raoul said that funding from FEMA and the Department of Transportation is “quite literally, lifesaving.”

“This critical funding has nothing to do with immigration, and the administration’s attempts to hold it hostage unless states agree to do the federal government’s job of civil immigration enforcement is unconstitutional and outrageous,” Raoul said.

Raoul said Congress has established federal grant programs which are administered by FEMA and the DOT. It covers projects from disaster relief to airport construction.

In February, Noam directed federal agencies, including DHS and FEMA, to stop federal funding to areas that do not assist with federal immigration law. In March, the DHS amended the conditions, requiring funding recipients to certify they will assist in enforcing immigration law.

Soon after, Duffy issued a letter to grant recipients. It said that state and local governments would be required to assist in federal immigration enforcement to obtain DOT funds.

Recently, state grant applications have also seen similar language requirements added to the terms and conditions of grants from the Federal Railroad Administration, the Federal Highway Administration and the Federal Transit Administration, Raoul said.

Raoul and the coalition said immigration conditions “exceed FEMA’s legal authority.” The coalition added that the conditions are unconstitutional — Congress appropriated the money, and the safety of Americans could be at risk if they cannot prepare for, protect against and respond to disasters. Withholding DOT money could also lead to increased traffic accidents, and damage public infrastructure across the country.

Last year, Illinois received more than $122 million in federal funding from FEMA and more than $2 billion in DOT grant money.

Joining Raoul in filing the lawsuits are attorneys general from California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New Jersey, New York, Oregon, Rhode Island, Washington, Wisconsin and Vermont.