New York Attorney General Letitia James and 19 other attorneys general have filed a lawsuit challenging new U.S. Department of Homeland Security (DHS) conditions that link emergency management and disaster relief funding to state immigration enforcement policies, as stated in a press release on May 13. According to the coalition, the DHS conditions require states to take certain immigration enforcement actions in order to receive emergency preparedness funding.
The lawsuit alleges that these new conditions unlawfully tie federal funding to immigration cooperation. The attorneys general are seeking a court order to declare these conditions unlawful and to maintain access to federal funds for emergency management efforts.
“DHS is holding states hostage by forcing them to choose between disaster preparedness and enabling the administration’s illegal and chaotic immigration agenda,” said Attorney General James. “This funding is vital to keeping New Yorkers safe during hurricanes, floods, and other catastrophes. The federal government cannot weaponize disaster relief to coerce states into abandoning public safety and community trust. My office will fight to ensure all New Yorkers are protected – both from tragic disasters and from cruel and unnecessary immigration policies.”
According to the attorneys general, recent changes to DHS grant programs require states to allocate law enforcement resources toward federal civil immigration enforcement in order to remain eligible for emergency preparedness, disaster relief, and cybersecurity funds. The coalition also states that DHS has instructed states to discontinue programs that benefit undocumented immigrants or could be seen as encouraging unauthorized immigration.
The lawsuit argues that DHS lacks legal authority to condition emergency relief funding on state immigration enforcement and that doing so undermines public safety policies aimed at building trust between law enforcement and immigrant communities.
The attorneys general maintain that the federal grants at issue were authorized by Congress to assist with disaster mitigation, preparation, response, and recovery — not immigration enforcement. These programs support emergency operations, including first responder salaries, training, and building improvements for houses of worship and schools. Grants also support search and rescue operations, food distribution, and disaster recovery initiatives.
The lawsuit references several federal programs that could be affected by the DHS conditions, including:
- State Homeland Security Program (SHSP): Supports state counterterrorism and emergency preparedness efforts.
- Urban Area Security Initiative: Funds emergency response efforts in major cities.
- Emergency Management Performance Grant Program: Supports state and local emergency management capabilities.
- State and Local Cybersecurity Grant Program: Created during the COVID-19 pandemic to protect systems from cyber threats.
- Nonprofit Security Grant Program (NSGP): Established in 2004 to help nonprofits and faith-based organizations protect against extremist threats.
According to the New York Attorney General’s Office, the state received $44 million in NSGP funding last year, much of which was allocated to protect religious institutions and private schools, particularly those vulnerable to antisemitic violence. The lawsuit claims that a reduction in these funds could limit security improvements such as surveillance systems and structural reinforcements.
In addition to preparedness funding, the attorneys general argue that other federal disaster response programs could also be affected, including:
- Public Assistance Program: Supports emergency work after disasters.
- National Urban Search & Rescue Response System
- Disaster Case Management
- Hazard Mitigation Grant Program
- Flood Mitigation Assistance Grants
- Other programs such as Fire Management Assistant Grants, the National Earthquake Hazards Reduction Program, and the National Flood Insurance Program Community Assistance Grants.
The lawsuit notes that New York could lose access to hundreds of millions of dollars in preparedness funding, including support for bomb squads, the New York State Intelligence Center, and other emergency response units. The state also depends on over $30 billion in FEMA Public Assistance funding, which has been used in recent recovery efforts following Superstorm Sandy, the COVID-19 pandemic, and 2024’s tornadoes and floods.
Attorney General James and the other plaintiffs argue that states are being forced to choose between receiving critical emergency funds and changing their law enforcement priorities. They claim that the new DHS conditions could undermine trust between law enforcement and immigrant communities, which they say is essential for public safety and effective policing.
The lawsuit contends that DHS is exceeding its legal authority by using federal grant conditions to influence state immigration policies and is asking the court to block these conditions from being enforced.
Joining Attorney General James are the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Washington, Wisconsin, and Vermont.
(AI was used in part to facilitate this article.)