Federal Funding Lawsuit
Democratic States Sue Federal Government Over Disaster Aid Tied to Election and Immigration Reforms
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Key Points
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The lawsuits highlight that the Emergency Management Performance Grant Program funds emergency-management staff and the software used by state emergency operations centers, illustrating how disaster grants are being leveraged in the dispute over election and immigration policy.
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The coalition argues that DHS/FEMA could withhold more than $1 billion in grants, with at least about $148 million (20%) at risk for noncompliance with the new conditions.
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The legal effort is led by a broad group of Democratic-aligned states and notable governors, including California and Rhode Island, with governors such as Kentucky’s Andy Beshear and Pennsylvania’s Josh Shapiro participating in the coalition.
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The lawsuits call out specific election protections tied to disaster funding, including a requirement to manually audit at least 5% of ballots and to reconcile voter participation with votes cast, as well as verification of citizenship against a federal database.
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The funding dispute underscores the scale of the grants at stake in California, where the state reportedly receives about $150 million annually from the Homeland Security Grant Program to support counterterrorism and cyber defense efforts.
A coalition of 25 states and the District of Columbia sued the Trump administration on grounds that it is illegally tying disaster-preparedness funding to election and immigration requirements. The lawsuits, filed in Rhode Island federal court, target the Department of Homeland Security and FEMA for conditioning billions in grants on policy changes unrelated to emergency management, according to CBS News.
The states argue that at least $148 million — roughly 20% of total grants — could be withheld immediately for noncompliance. California alone receives about $150 million annually from the Homeland Security Grant Program, according to AOL News.
What the New Grant Conditions Actually Require
The Trump administration attached new strings to two key programs: the Homeland Security Grant Program and the Emergency Management Performance Grant Program. These funds normally pay for emergency-management staff and the software powering state operations centers. Now, states must also meet election and immigration demands to keep the money flowing, Newser reported.
The specific requirements include verifying voter citizenship through a federal database, switching to hand-marked paper ballots, auditing at least 5% of ballots by hand, reconciling voter participation with votes cast, and cooperating with federal immigration authorities. States that refuse face at least a 20% cut — or full termination — of their grants, according to CBS News.
States Say Conditions Break Federal Law
The lawsuits argue the conditions violate two key legal rules. First, the Administrative Procedure Act, which requires the government to follow a formal rulemaking process before changing rules. Second, the Spending Clause of the Constitution, which limits Congress's power to attach conditions to federal money. The states say these conditions were never approved by Congress and were added without proper process, according to NewsChannel5.
The coalition says Congress created these grants strictly for public safety and emergency response — not to push election or immigration policy. Governors from both coasts and the interior joined the effort, including Kentucky's Andy Beshear and Pennsylvania's Josh Shapiro, alongside California and Rhode Island, AOL News reported.
More Than Two Dozen States United Against the Policy
Between 23 and 26 states signed on to the legal challenges, depending on the filing. WCAX reported that Vermont joined more than two dozen states in the suit. The broad coalition signals how far Democratic-led states are willing to go to block what they call unlawful federal overreach.
This is not the first time states have sued over funding conditions tied to unrelated policy goals. The lawsuits represent at least the third such legal challenge against the administration's strategy of leveraging federal dollars to push political priorities. The White House did not immediately comment on the filings, Newser reported.
More Than $1 Billion in Disaster Funds Now at Risk
The stakes are high. DHS and FEMA could withhold more than $1 billion in total grants if states refuse to comply, the coalition argues. The Emergency Management Performance Grant Program alone funds the day-to-day staff and technology that keep state emergency operations running, according to CBS News.
For California, the risk is especially large. The state gets roughly $150 million a year from the Homeland Security Grant Program to support counterterrorism and cyber defense. Losing even a fraction of that money would hit programs designed to protect the public from real threats — not election disputes, AOL News reported.
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