Attorney General Clark Joins Emergency Lawsuit to Protect Critical Homeland Security Funding from Politically Motivated Cuts

Attorney General Charity Clark, as part of a coalition of 12 attorneys general, filed 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. In addition, the Administration reduced the period during which states have to spend the funds from three years to one year, making it substantially more difficult to use these critical funds.

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 while reallocating those funds to other states. The move came days after Attorney General Clark 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 trying to unlawfully reallocate federal homeland security funding based on a state's willingness to comply with the Administration's political agenda," said Attorney General Clark. "But under the Constitution, it is Congress - not the President - who has the power of the purse. This reallocation also includes an unlawful attempt at drastically shortening the timeframe during which funds must be spent, effectively setting states on a race against time to use the funds before one year is up."

Many of the grant programs administered by DHS and FEMA were authorized by Congress in the wake of national emergencies, such as the September 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.

Some states saw even sharper cuts. For instance, Illinois received a 69% reduction in funds, totaling over $30 million. New York received a 79% reduction in funds, totaling over $100 million. DHS then redistributed the funds that it had cut to other states. Other states, like Vermont, received their funds, but are being forced by the Trump Administration to spend the funds within just a year - instead of the three years as was planned for - making it substantially difficult to spend all the funds issued.

In their lawsuit, Attorney General Clark and the coalition argue that the reallocation of funds and restructured timeframe are unlawful and violate the federal Administrative Procedure Act. The attorneys general are seeking a temporary restraining order to block these actions.

Attorney General Clark is joined in this lawsuit by the attorneys general of California, Connecticut, Delaware, the District of Columbia, Illinois, Massachusetts, Minnesota, New Jersey, New York, Rhode Island, and Washington.

A copy of the lawsuit is available here .

This lawsuit is the twenty-eighth case overall that Attorney General Clark has brought against the Trump Administration since President Trump took office in January. For more information on actions taken by the Attorney General on behalf of Vermonters, visit our website at ago.vermont.gov/ago-actions .

CONTACT: Amelia Vath, Senior Advisor to the Attorney General, 802-828-3171