A coalition of 20 state Democratic attorneys general filed two new federal lawsuits on Tuesday, this time in the fight to preserve access to transportation and disaster relief funding.
The states, including California, claim that the Trump administration is threatening to withhold billions of dollars in funding unless states agree to immigration enforcement actions.
According to the complaints, both Secretary of Homeland Security Kristi Noem and Transportation Secretary Sean Duffy have threatened to cut off funding to states that refuse to comply with President Donald Trump’s immigration agenda.
While no federal funding is currently being withheld, California Attorney General Rob Bonta said during a news conference on Tuesday that the threat was “imminent.”
“President Donald Trump can’t use these funds as a bargaining chip as his way of ensuring states abide by his preferred policies,” Bonta added.
Department of Assistant Secretary of Homeland Security Tricia McLaughlin said in a statement that the lawsuit will not stop the Trump Administration from “restoring the rule of law.”
“Cities and states who break the law and prevent us from arresting criminal illegal aliens should not receive federal funding. The President has been clear on that,” she said.
The Department of Transportation has yet to reply to an email seeking comment.
Both lawsuits say that the Trump administration is violating the U.S. Constitution by trying to dictate federal spending when Congress has that power — not the executive branch.
On April 24, states received letters from the Department of Transportation stating that they must cooperate on immigration efforts and eliminate diversity, equity and inclusion programs or risk losing funds.
New Jersey Attorney General Matthew Platkin criticized the timing of Duffy’s letter when Newark’s airport struggles with radar outages and other issues.
“I wish the administration would stop playing politics with people’s lives,” Platkin said. “I wish Secretary Duffy would do his damn job, which is to make sure planes land on time, not to direct immigration enforcement.”
Meanwhile, on Feb. 24, states received letters from the Department of Homeland Security declaring that states that “refuse to cooperate with, refuse to share information with, or even actively obstruct federal immigration enforcement reject these ideals and the history we share in common as Americans.”
“If any government entity chooses to thumb its nose at the Department of Homeland Security’s national security and public safety mission, it should not receive a single dollar of the Department’s money unless Congress has specifically required it,” Noem wrote in her letter.
Aside from California, attorneys general behind the lawsuits come from the following states: Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Washington, Wisconsin and Vermont.
The cases are being spearheaded by California but were filed in federal court in Rhode Island, a detail that the attorneys general defended by saying they filed in “any court that is going to be fair and objective and consider our factual presentation and legal analysis.”
The lawsuits are the latest legal actions that Democratic-led states have taken against Trump since he took office earlier this year. Bonta noted that California has filed more than 20 lawsuits against the administration. Rhode Island Attorney General Peter Neronha said his state has launched more than a dozen.
While the lawsuits have challenged a variety of Trump policies, including those that govern tariffs, federal employee firings, diversity and health care research, the administration’s focus on immigration enforcement and mass deportations have received the most attention.
Those stances include the president’s promise on mass deportations to starting a registry for all those who are in the country illegally.
“What we’re seeing is a creeping authoritarianism,” Neronha said.
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