Attorney General James Takes Action to Protect Critical National Security and Emergency Response Programs

NEW YORK – New York Attorney General Letitia James today joined a coalition of 11 other attorneys general in suing to stop the Department of Homeland Security (DHS) from illegally depriving their states of hundreds of millions of dollars in critical funding to help keep communities safe. Recently, the Federal Emergency Management Agency (FEMA) has reallocated funds away from states that have refused to support the administration’s mass deportation agenda. As a result, states like New York have seen significant reductions in grants that support law enforcement training, emergency preparedness, and counter-terrorism activities. With this lawsuit, Attorney General James and the coalition are seeking a court order declaring the administration’s actions unlawful and requiring the administration to fully allocate all the funds as originally intended by Congress.

“The federal government is putting our communities at risk in an attempt to illegally force states to support its attacks on immigrants,” said Attorney General James. “Our law enforcement and local leaders depend on these FEMA grants to prepare for emergencies and stop dangerous threats to public safety. I will keep fighting to protect New Yorkers, and I won’t allow this administration to play political games with critical resources that keep our communities safe.”

In May, Attorney General James and a coalition of 19 other attorneys general sued to block new DHS conditions that unlawfully tied emergency management and disaster relief funding to support of the administration’s immigration enforcement actions. On September 24, Attorney General James and the coalition won a significant victory when the court ruled that DHS’s actions were unlawful and unconstitutional. In response, DHS has only continued its onslaught, now reallocating hundreds of millions of dollars from the Homeland Security Grant Program (HSGP) away from New York and other states that the administration has unlawfully targeted.

HSGP funds provide states and local governments with critical resources to plan for and prevent natural disasters, terrorist attacks, and other emergencies. New York has seen a reduction of over $100 million, or 77 percent of its HSGP funds. These funds help support counter-terrorism activities, border security measures along the Canada border, and efforts to protect essential infrastructure like power grids and water systems throughout the state from attacks. The Urban Area Security Initiatives (UASI) program within HSGP directs tens of millions of dollars every year to the New York City Police Department (NYPD) and the New York City Fire Department (FDNY) for training and planning to protect high-risk areas of New York City.

Attorney General James and the coalition argue that the administration reallocating these funds is a clear violation of the law. DHS provided no reason for this sudden redirection of hundreds of millions of dollars right before the end of the federal fiscal year. Attorney General James and the coalition argue that this decision is a violation of the law authorizing HSGP as well as the Administrative Procedure Act. The coalition is seeking a court order halting the administration’s policy of reallocating these funds and requiring DHS to restore funding to the coalition of states. 

Joining Attorney General James in filing this lawsuit are the attorneys general of California, Connecticut, Delaware, Illinois, Massachusetts, Minnesota, New Jersey, Rhode Island, Vermont, Washington, and the District of Columbia.