An Obama-appointed federal judge Thursday blocked the Trump administration from withholding funds from states that refuse to cooperate with federal immigration authorities.
Transportation Secretary Sean Duffy warned in April that he would likely begin to block grants from recipients that prohibit cooperation between local law enforcement and Immigration and Customs Enforcement (ICE). However, U.S. District Judge John McConnell, appointed to the bench in Rhode Island by the Obama administration, sided with a group of mostly Democratic-led states who sued over the directive.
McConnell issued a preliminary injunction Thursday, blocking the Trump administration from enforcing the immigration policy while the lawsuit plays out in court.
The Department of Transportation (DOT) policy is “arbitrary and capricious in its scope and lacks specificity in how the States are to cooperate on immigration enforcement in exchange for Congressionally appropriated transportation dollars–grant money that the States rely on to keep their residents safely and efficiently on the road, in the sky, and on the rails,” the Obama-appointed judge wrote, according to court documents.
Duffy previously announced that all recipients of federal transportation funding must comply with federal laws — or else face potential enforcement actions.
“Federal grants come with a clear obligation to adhere to federal laws,” Duffy said in a prepared statement in April. “It shouldn’t be controversial – enforce our immigration rules, end anti-American DEI policies, and protect free speech. These values reflect the priorities of the American people, and I will take action to ensure compliance.”
Duffy followed up with a warning on Monday, publicly announcing that the DOT “will NOT fund rogue state actors who refuse to cooperate with federal immigration enforcement.” City governments not cracking down on rioters destroying transportation infrastructure should not “expect a red cent from the DOT, either,” the Transportation Secretary added.
A coalition of 20 states — California, Illinois, New Jersey, Rhode Island, Maryland, Colorado, Connecticut, Delaware, Hawaii, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, Oregon, Vermont, Washington and Wisconsin — largely led by Democrats, waged a lawsuit to block the directive. The plaintiffs argue the Trump administration does not have the legal authority to tie transportation funds, which are used for the maintenance of roads and other infrastructure, to federal immigration enforcement.
The court ruling marks the latest iteration in the administration’s war against sanctuary jurisdictions, which have served as a roadblock to President Donald Trump’s goal of large-scale deportations.
Trump signed an executive order in April directing the Department of Homeland Security and the Department of Justice (DOJ) to identify all sanctuary localities across the U.S., in which the administration would decide the “necessary legal remedies” to enforce compliance. The DOJ has attempted to withhold federal funds from sanctuary jurisdictions and sued several cities and state governments over their refusal to work with ICE agents.
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