A federal judge ordered the Department of Homeland Security to restore DHS grant funding to New York and other states after ruling that the funding cuts were unlawful.
The decision came in a lawsuit led by New York Attorney General Letitia James and a coalition of 11 other attorneys general challenging the reallocation of funds by DHS under the Homeland Security Grant Program.
The case was decided by U.S. District Judge Mary S. McElroy for the District of Rhode Island, who granted summary judgment in favor of the plaintiff states and ordered DHS to restore the funding.
McElroy was appointed to the federal bench by President Donald Trump in 2019 after being nominated in May of that year and confirmed by the Senate in September.
The final ruling followed a temporary restraining order that McElroy issued on Sept. 30, soon after the lawsuit was filed. That order blocked the Federal Emergency Management Agency from reallocating $233 million in Homeland Security Grant Program funds away from states with policies limiting cooperation with federal immigration enforcement.
The temporary order signaled the direction of the court's final decision and halted the funding shifts while the case proceeded.
In her summary judgment ruling, McElroy held that the federal government may not condition or withhold grant funding based on whether states or local governments cooperate with federal immigration enforcement without clear authorization from Congress.
The court found that immigration enforcement is a federal responsibility and that states cannot be required to use their own law enforcement resources to carry out federal immigration functions.
As a result, the judge concluded that policies often described as sanctuary policies are lawful under existing constitutional principles.
The lawsuit stemmed from DHS' decision to shift grant funding away from states that declined to support the administration's mass deportation policies.
According to the New York attorney general's office, New York lost more than $100 million, representing about 77% of its Homeland Security Grant Program funding.
The funding supports law enforcement training, emergency preparedness, counter-terrorism efforts, and protection of critical infrastructure such as power grids and water systems.
A portion of the funding also supports the Urban Area Security Initiative, which provides resources to the New York City Police Department and the New York City Fire Department for security planning and training.
"Law enforcement and local leaders throughout New York depend on these funds to keep New Yorkers safe," James said in a statement.
While the ruling resolves months of uncertainty for state and local emergency managers, fire departments, law enforcement agencies, and critical infrastructure operators, an appeal by the Trump administration is expected.
Attorneys general from California, Connecticut, Delaware, Illinois, Massachusetts, Minnesota, New Jersey, Rhode Island, Vermont, Washington, and the District of Columbia joined New York in the case.
Jim Mishler ✉
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