Judge rules federal grants can’t be tied to immigration enforcement

The Trump Administration cannot withhold billions of dollars in transportation grant funding from Democrat-led states refusing to cooperate with immigration enforcement, according to a ruling on Thursday.

Chief U.S. District Judge John McConnell in Providence, R.I., granted a preliminary injunction in the case filed by 20 states, saying “large-scale irreparable harm would occur without the preliminary injunction.”

The Department of Transportation was unavailable for comment on the ruling late Thursday evening.

The ruling comes ahead of a June 20 grant application deadline for states. Prior to that deadline, Department of Transportation Secretary Sean Duffy imposed conditions on that funding, requiring applications to agree to adhere to an Immigration Enforcement Condition upon submission.

In a letter to grant applicants from April, Duffy outlined expectations for immigration enforcement and diversity programs commonly known as DEI.

“Adherence to your legal obligations is a prerequisite for receipt of DOT financial assistance,” the letter said.

Not complying with federal law, he continued, or not cooperating with federal authorities, could jeopardize federal funding.

In a statement released at the same time as the letter, Duffy said this guidance should not be surprising.

“Federal grants come with a clear obligation to adhere to federal laws,” he said. “It shouldn’t be controversial – enforce our immigration rules, end anti-American DEI policies, and protect free speech. These values reflect the priorities of the American people, and I will take action to ensure compliance.” 

Twenty Democratic state attorneys general filed suit against the so-called “Duffy Directive,” arguing Duffy lacked the authority to impose such conditions, calling them “coercive” and “wholly unrelated” to the purposes of the transportation funding appropriated by Congress for maintenance and safety of roads, highways, bridges, and development of other transportation projects.

In his decision Thursday, Judge McConnell, who was appointed by President Barack Obama, agreed with the states. He found that “the Government does not cite to any plausible connection between cooperating with ICE enforcement and the congressionally approved purposes of the Department of Transportation.”