Press Release  AG Campbell Files Emergency Lawsuit To Protect Critical Homeland Security Funding From Politically Motivated Cuts

Boston — Massachusetts Attorney General Andrea Joy Campbell, as part of a coalition of 12 attorneys general, filed a lawsuit to stop the Trump Administration from unlawfully reallocating federal homeland security funding away from states based on their compliance with the Administration’s political agenda.  

“We will fight the Trump Administration’s illegal attempt to strong-arm states into complying with its cruel immigration agenda by depriving them of lifesaving funding that helps prepare for and respond to disasters and emergencies,” said AG Campbell. “I won’t allow this Administration to play politics with the safety and security of our residents.”  

On Saturday, without any notice or explanation, and four days before the end of the federal fiscal year, the U.S. Department of Homeland Security (DHS) and the Federal Emergency Management Agency (FEMA) significantly cut funding to certain states that are unwilling to divert law enforcement resources away from core public safety services to assist in enforcing federal immigration law. The Trump Administration then reallocated the funds to other states.  

The move came days after AG Campbell and a group of attorneys general secured a permanent injunction and an opinion holding that FEMA and DHS violated the Constitution and the Administrative Procedure Act by conditioning all federal funds from FEMA and DHS on states’ agreement to assist the federal government in enforcing federal immigration law. 

On Saturday, FEMA issued the award notifications for its single largest grant program, the Homeland Security Grant Program (HSGP), which allocates approximately $1 billion in funds annually for state and municipal efforts to prevent, prepare for and respond to acts of terrorism. FEMA granted only $226 million to the states filing today’s lawsuit. This was a $233 million, or 51%, reduction from the total amount that FEMA had previously stated it would provide to these states.  

Massachusetts received a 31% reduction in funds, totaling nearly $7 million. DHS then redistributed the funds that it had cut from Massachusetts to other states.  

Many of the grant programs administered by DHS and FEMA were authorized by Congress in the wake of national emergencies, such as the Sept. 11 terrorist attacks and Hurricane Katrina, to strengthen the nation’s preparedness for and response to emergencies and major disasters. These grants fund first responders’ salaries, pay for the training they receive, and support the mutual aid networks that allow them to mobilize when tragedy strikes. They also support crucial efforts to prepare for and prevent disasters, such as computer network testing to identify cyberattack vulnerabilities. For decades, administrations of both parties have operated these programs evenhandedly, supporting all 50 states in their efforts to prepare for and respond to emergencies and threats.  

In their lawsuit, AG Campbell and the coalition argue that the reallocation of funds is unlawful and violates the federal Administrative Procedure Act. The attorneys general are seeking a temporary restraining order to block the reallocation. 

Joining AG Campbell in filing the lawsuit are the attorneys general of Illinois, New Jersey, California, Rhode Island, Connecticut, Delaware, the District of Columbia, Minnesota, New York, Vermont and Washington. 

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