WA joins a coalition of states suing DHS, FEMA over unlawfully reallocating security funding for political purposes

Attorney General Nick Brown, 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.

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 Brown 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.

"There is no force in American politics that is more reckless and destructive than the current president of the United States," Brown said. "This latest action again highlights his commitment to undermining the freedoms and well-being of people in every corner of this nation that may disagree with him."

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

Washington state's expected allocation abruptly saw $2 million taken away, and a reduction in the time to spend the funds from three years to one year likely makes it harder to spend much of the remaining funds. States also typically have three years to spend these funds - but the administration abruptly reduced the timeline to one year.

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.

In their lawsuit, Brown and the coalition argue that the reallocation of funds is unlawful and violates the federal Administrative Procedure Act. The attorneys general are seeking a temporary restraining order to block the reallocation.

The attorneys general of Illinois, New Jersey, California and Rhode Island led the coalition. Brown and the attorneys general of Connecticut, Delaware, the District of Columbia, Massachusetts, Minnesota, New York, and Vermont joined them in filing the lawsuit.

A copy of the complaint is available here.

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