States score a win in funds stoppage
2 min read
Kent Nishimura/Bloomberg
An attempt by the U.S. Department of Transportation to withhold infrastructure funding to states resisting the Trump administration’s immigration restrictions has been thwarted by a federal judge.
Judge John J. McConnell Jr., chief judge of the United States District Court for Rhode Island wrote last week, “The Court finds that the States have demonstrated they will face irreparable and continuing harm if forced to agree to Defendants’ unlawful and unconstitutional immigration conditions imposed in order to receive federal transportation grant funds.”
The decision adds fuel to a lawsuit filed by 20 states last month contending that the DOT lacks the statutory authority to make an immigration enforcement condition as Congress hasn’t given the agency the power to enforce immigration laws.
DOT Secretary Sean Duffy responded via a post on X saying. “I directed states who want federal DOT money to comply with federal immigration laws.”
“But, no surprise, an Obama-appointed judge has ruled that states can openly defy our federal immigration laws. This is judicial activism pure & simple, and I will continue to fight in the courts.”
The states listed as plaintiffs opposing what’s been dubbed the “Duffy Directive” include California, Illinois, New York, New Jersey, Michigan, and Wisconsin as well as Nevada and Vermont, which have Republican governors.
Federal funds administered by the DOT and funneled to the states include a mix of competitive grants and formula money raised through the federal fuel tax.
“President Trump is threatening to withhold critical transportation funds unless states agree to carry out his inhumane and illogical immigration agenda for him,” said California Attorney General Rob Bonta.
“He is treating these funds – funds that go toward improving our roads and keeping our planes in the air – as a bargaining chip.”
The temporary injunction means the judge believes the case is “likely to succeed,” in proving that a missive issued by Duffy in April warning states to abide by federal law “including cooperating with and not impeding U.S. Immigration and Customs Enforcement,” violates the U.S. Constitution.
Per the judge’s ruling, “there is a substantial risk that the States and its citizens will face a significant disruption in transportation services jeopardizing ongoing projects, ones in development for which resources have been expended, and the health and safety of transportation services that are integral to daily life.”
The Duffy Directive was spelled out in an April 24
The administration is expected to appeal the ruling.
