Trump cannot condition disaster and emergency grants on immigration policy, judge rules

A federal judge this week blocked the Trump administration from conditioning disaster and security funds for states on their immigration policies. 

Earlier this year, the Department of Homeland Security (DHS) issued terms and conditions for federal grants, which state that grant recipients must coordinate and cooperate with immigration officials.

Twenty Democrat-led states sued over the use of this policy at the Federal Emergency Management Agency (FEMA), which is part of the DHS. They argued that their immigration policies should not impact their ability to receive disaster and counterterrorism grants.

Judge William Smith, agreed, issuing a permanent injunction barring the department from enforcing the conditions.

Smith, a former President George W. Bush appointee, ruled that the conditions were both “arbitrary and capricious” as well as “unconstitutional.”

“The conditions not only jeopardize states’ fiscal planning but also threaten their capacity to protect public safety in the areas where federal and state cooperation is most critical,” he wrote.

In response, DHS spokesperson Tricia McLaughlin said in a written statement that  “cities and states who break the law and prevent us from arresting criminal illegal aliens should not receive federal funding.”

“Radical sanctuary politicians need to put the safety of the American people first—not criminal illegal aliens. The Trump Administration is committed to restoring the rule of law. No lawsuit, not this one or any other, is going to stop us from doing that,” McLaughlin added.