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Letitia James, Federal Lawsuit, New York 2023

New York Attorney General Letitia James has filed a lawsuit against the U.S. Department of Homeland Security (DHS) to protect emergency and disaster relief funding from being tied to state immigration enforcement actions.

The lawsuit, filed on May 13, 2025, challenges new DHS conditions that threaten to withhold counterterrorism, emergency response, and disaster relief funds from states refusing to support the administration’s mass deportation agenda. AG James and a coalition of 19 other attorneys general argue that such conditions are unlawful and constitute an abuse of federal funding.

The lawsuit claims that Secretary of Homeland Security Kristi Noem has coerced states into aligning with the administration’s immigration policies by threatening to cut off essential emergency management funds. Attorney General James stated, ‘DHS is holding states hostage by forcing them to choose between disaster preparedness and enabling the administration’s illegal and chaotic immigration agenda.’

Under the current DHS requirements, states are mandated to divert law enforcement resources to support federal civil immigration enforcement or risk losing billions in funding. The coalition argues that these funds were intended for mitigating disasters and building public safety rather than enforcing immigration policies.

The lawsuit also highlights that many grant programs at risk were established after major national emergencies such as the 9/11 attacks and Hurricane Katrina, including the State Homeland Security Program (SHSP) and the Emergency Management Performance Grant Program. These funds are crucial for first responder salaries, training programs, and building improvements to safeguard houses of worship and schools.

Attorney General James emphasized that her office will fight to ensure the safety and well-being of all New Yorkers, both from tragic disasters and cruel immigration policies. The coalition seeks a court order declaring the unlawful conditions on emergency funding and protecting states’ access to life-saving funds.

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