Carson City, NV — Attorney General Aaron D. Ford has joined a coalition of 19 attorneys general in filing two lawsuits against the Trump administration. The legal actions challenge the administration's attempt to enforce immigration policies by threatening to withhold federal funding for emergency services and infrastructure.
The coalition filed one lawsuit against the Federal Emergency Management Agency (FEMA), the Department of Homeland Security (DHS), and DHS Secretary Kristi Noem. A second lawsuit targets the Department of Transportation (DOT) and DOT Secretary Sean Duffy. The lawsuits argue that these agencies have imposed conditions requiring states to cooperate with federal immigration enforcement or risk losing significant federal funds.
"Simply put, these lawsuits are necessary because these agencies do not have the power to put conditions on federal funding that were not imposed by Congress," said AG Ford. He emphasized that essential programs for airports, bridges, railroads, disaster relief, highway construction, and maintenance could be affected.
According to AG Ford and his colleagues, Congress has established numerous grant programs administered by FEMA and DOT for projects ranging from disaster relief to transportation infrastructure. They argue that recent directives from DHS Secretary Noem and DOT Secretary Duffy exceed their legal authority by tying immigration enforcement cooperation to grant eligibility.
In February, Secretary Noem instructed DHS sub-agencies like FEMA to stop funding jurisdictions not assisting in enforcing federal immigration laws. In March, DHS amended its terms for fund recipients to require certification of assistance in immigration law enforcement.
Similarly, DOT Secretary Duffy informed grant recipients of plans to mandate state and local government cooperation with federal immigration efforts as a condition for receiving DOT funds. These include grants for highway construction and public transportation maintenance.
The coalition's lawsuit against FEMA argues that imposing immigration conditions exceeds FEMA’s authority and is unconstitutional since Congress allocated those funds for disaster preparedness and response. AG Ford highlighted that Nevada received substantial Homeland Security Program funds which could be jeopardized under these new conditions.
The lawsuit against DOT claims that requiring an immigration-enforcement condition on all transportation funds oversteps the agency's legal bounds. States rely on DOT money for critical infrastructure projects such as highway development and airport safety improvements. Nevada expects over $553 million annually in Federal-Aid Highway funding based on past allocations.
AG Ford contends that withholding these funds will harm public infrastructure nationwide and erode trust between law enforcement and immigrant communities vital for public safety.