New York Attorney General Letitia James has filed a lawsuit against the U.S. Department of Homeland Security (DHS), aiming to block the agency from withholding FEMA disaster relief and emergency preparedness funding from states that decline to enforce federal immigration policies.
The legal challenge, joined by 19 other state attorneys general, claims that the DHS is unlawfully tying critical emergency grants to state cooperation with the administration’s civil immigration enforcement agenda. James called the policy “a threat to public safety and constitutional order.”
“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.
DHS threatens funding for non-cooperative states
Under new DHS conditions, states must divert local law enforcement resources to assist with mass deportations or lose access to billions in emergency management and FEMA recovery funds. States are also being told to halt any program that “benefits” undocumented immigrants or “incentivizes” migration.
The lawsuit argues that these conditions violate federal law and the U.S. Constitution by coercing states into enforcing federal immigration laws, a responsibility not assigned to them under current legal frameworks.
What’s at stake for New York
New York could lose hundreds of millions in disaster and security funding, including:
- $30+ billion in FEMA Public Assistance, critical for recovery from events like Superstorm Sandy and the 2024 Upstate tornadoes and floods.
- $44 million in Nonprofit Security Grants that protect synagogues, schools, and religious institutions from extremist attacks.
- Funding for hazmat teams, bomb squads, SWAT units, and emergency cyber defense programs.
Grant programs at risk include:
- State Homeland Security Program (SHSP)
- Urban Area Security Initiative (UASI)
- Emergency Management Performance Grants (EMPG)
- Nonprofit Security Grant Program (NSGP)
- Flood Mitigation Assistance and Hazard Mitigation Grants
- National Urban Search & Rescue Response
- Port Security Grants and more
Legal, constitutional concerns
James and her fellow attorneys general argue DHS is abusing federal funding authority by tying it to unrelated immigration demands. They contend that Congress created these emergency grant programs to prepare for and respond to disasters — not to enforce immigration policy.
The lawsuit seeks a court order blocking the enforcement of these conditions, preserving state access to funding for natural disaster response, cybersecurity, counterterrorism, and humanitarian aid.
States joining the lawsuit include California, Illinois, Massachusetts, Maryland, Washington, and others.
“This funding is vital to keeping New Yorkers safe during hurricanes, floods, and other catastrophes,” said James. “The federal government cannot weaponize disaster relief to coerce states into abandoning public safety and community trust.”
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