State Attorney General Letitia James took more legal action against the Trump regime on Tuesday, alleging that it placed unlawful conditions on transportation funding if New York does not comply with immigration enforcement.
James, along with 19 other state attorneys general, sued the U.S. Department of Transportation (US DOT) on May 13, saying the agency would be acting unlawfully if it were to hold back transportation funding to states that do not support the federal government’s immigration enforcement.
The lawsuit followed US DOT Secretary Sean Duffy’s April 24 announcement that he would cut off funding to any state that “refuses to comply with the administration’s immigration agenda,” James’ office said.
Lawyers in the suit argue that the administration’s attempt to tie federal transportation funds to immigration enforcement violates the constitutional separation of powers. According to James’ office, they are asking the court to block the attempt to get state support in exchange for funds allocated by Congress.
“Once again, the administration is attempting to seize Congress’ power of the purse, this time at the expense of immigrant communities and vital infrastructure projects,” James said. “DOT’s blatant overreach threatens to divert critical resources away from public safety and undermine projects that keep our communities connected and safe. We won’t allow the federal government to hold essential funding hostage to advance a political agenda.”
NYC transportation projects that could be impacted by federal cuts include congestion pricing, which has its own lawsuit filed by the MTA and NYS to spare it from being killed by the Trump Administration.
Other federal programs at risk include the Federal-Aid Highway Program, which allocates over $100 billion annually for highway maintenance, safety improvements, and bridge repairs.
Federal funding blocks could also impact grants for public transit and railroads.
Most–if not all–states receive federal funding for their transportation infrastructure. According to the attorney general’s office, New York receives more than $5 billion annually in US DOT funding, including $2.8 billion in federal highway funds, $2.3 billion in public transportation funding, $215 million in rail improvement funding, $18.8 million in highway safety funding, and $8.7 million in airport improvement funding.
“The funding at issue was authorized by Congress, and Congress imposed no requirement for the states to cooperate with immigration enforcement as a condition for receiving funding,” the lawsuit states. “Indeed, the statutes and funding at issue–which sustain roads, highways, bridges and other transportation projects–have nothing to do with immigration enforcement.”
Other nearby states that joined New York in the legal action include Connecticut, Delaware, Massachusetts, New Jersey, Rhode Island, and Vermont.
Duffy said in a statement to amNewYork that no funding has been withheld.
“These 20 states are challenging the terms of their grant agreements because their officials want to continue breaking federal law and putting the needs of illegal aliens above their own citizens,” he said. “Under the leadership of President Trump, what my department has done is remind grant recipients that by accepting federal funds they are required to adhere to federal laws.”
He then added that “No state or local government is above enforcing the immigration rules that keep communities safe. These common-sense values reflect the priorities of the American people, and I took action to ensure compliance.”
