Attorney General Matthew J. Platkin today co-led a coalition of 12 attorneys general in filing 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.
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 and reallocated those funds to other states. The move came days after Attorney General Platkin and a group of attorneys general secured a permanent injunction along with an opinion holding that the agencies 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.
“The Trump Administration is playing games with the safety of our residents by illegally slashing Homeland Security Grant Program funding to New Jersey by 50%,” said Attorney General Platkin. “Until now, no administration has approached these grants – which protect New Jerseyans against terrorism, cyberattacks, and other critical safety issues – in a partisan manner. Now, after we stopped the Trump Administration from blocking all FEMA funding to New Jersey, they have decided to pivot and unlawfully reduce funding for homeland security preparedness. We are taking immediate legal action to fight this illegal and reckless cut and to fight for the safety of all New Jerseyans.”
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.
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.
New Jersey’s funding was cut from $18.9 million to $9.8 million, a nearly 50% reduction. DHS then redistributed the funds that it had cut to other states.
In their lawsuit, Attorney General Platkin 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.
The attorneys generals of New Jersey, Illinois, California and Rhode Island led the coalition. The attorneys general of Connecticut, Delaware, the District of Columbia, Massachusetts, Minnesota, New York, Vermont and Washington joined them in filing the lawsuit.
