September 25, 2025 — Washington, D.C. — A federal judge has ruled in favor of Washington and a coalition of 21 states, blocking a Trump administration effort to condition billions in federal emergency services funding on state cooperation with federal immigration enforcement.
The decision, handed down by a U.S. District Court in Rhode Island, declared that the Department of Homeland Security (DHS) and the Federal Emergency Management Agency (FEMA) violated both the Constitution and the Administrative Procedure Act. The ruling protects tens of millions of dollars that Washington and other states rely on to prepare for and respond to disasters such as wildfires, earthquakes, and national security threats.
The lawsuit, spearheaded by Washington Attorney General Nick Brown alongside attorneys general from California, Illinois, New Jersey, and Rhode Island, argued that DHS’s conditions on federal grants amounted to unconstitutional coercion. Twenty other states, including Colorado, Connecticut, Hawai‘i, New York, and Oregon, joined the effort.
Attorney General Brown called the ruling a major victory. “Using this funding as a bargaining chip is shameful politics by the Trump administration,” Brown said. “I’m gratified the judge saw through this blatantly illegal effort to withhold critically important funds that keep Washingtonians safe.”
In February, DHS directed that jurisdictions failing to assist with federal immigration enforcement could lose access to federal grants. By March, DHS amended grant requirements to mandate certification of cooperation with immigration enforcement. States argued these requirements were vague, overreaching, and violated the Spending Clause of the Constitution.
The court sided with the states, stating that DHS failed to provide a fact-based justification for the policy and that the conditions were unlawfully imposed without proper procedure. The decision affirms that federal funds cannot be withheld as leverage for immigration enforcement compliance.
In Washington, FEMA and DHS grants play a vital role in public safety. Funding has been used for initiatives including:
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Enhancing cybersecurity for local governments
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Training maritime police in Puget Sound
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Assisting the town of Malden in recovery after a devastating fire
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Retrofitting water storage facilities in the Cascadia Subduction Zone to mitigate earthquake damage
The ruling is being hailed as a significant precedent for protecting state autonomy and ensuring emergency funding is not politicized.
A copy of the judge’s order is available here.
Contact: press@atg.wa.gov | (360) 753-2727