Eleven states and Kentucky’s governor have filed a lawsuit against the Trump administration, accusing it of imposing “unlawful terms” on federal funding vital for disaster relief and terrorism preparedness.
The mostly Democratic-led coalition — including Michigan, Oregon, and Arizona, along with Kentucky Governor Andy Beshear — sued the Department of Homeland Security (DHS) and the Federal Emergency Management Agency (FEMA) on Tuesday in U.S. District Court in Eugene, Oregon.
The states are challenging two major changes: a drastic reduction in the time they have to spend FEMA emergency management and homeland security grants, and a new requirement to submit population counts that exclude people removed under immigration law. They argue the rules “erect inappropriate barriers” to funds meant for public safety and disaster response.
“The Trump administration has repeatedly expressed a desire to diminish FEMA’s role and shift the burden of emergency management to the States, thus reverting to an inconsistent patchwork of disaster response across the Nation,” the complaint states.
A DHS spokesperson told The Associated Press that the changes were “part of a methodical, reasonable effort to ensure that federal dollars are used effectively and in line with the administration’s priorities and today’s homeland security threats.”
FEMA distributes billions each year in grants to states, tribes, and territories, funding staff salaries, training, and emergency preparedness equipment.
The lawsuit focuses on two key programs: the $320 million Emergency Management Performance Grant (EMPG) and the $1 billion Homeland Security Grant Program.
EMPG funding is based on population data from the U.S. Census. States were notified of their award amounts just before the fiscal year ended on Sept. 30. However, on Oct. 1, FEMA issued a “funding hold,” saying no money would be released until states certified their current populations — excluding individuals removed under immigration laws — and explained their methodology for doing so.
The complaint calls the rule “arbitrary and capricious,” arguing that states do not maintain real-time population counts, that DHS is responsible for tracking immigration removals, and that federal law requires agencies to use Census data for funding distribution.
FEMA also cut the time limit for spending funds from three years to one, a change states say “imposes significant obstacles” and makes the grants “largely unusable.”
The lawsuit emphasizes how dependent states are on this funding. Arizona, for example, uses $6.6 million in EMPG funds to cover half its emergency management operations. Oregon’s Emergency Management Department warned that two-thirds of its counties could lose “significant or even all capacity to perform basic emergency management functions” without EMPG support.
This case is the latest in a series of lawsuits challenging the Trump administration’s efforts to scale back FEMA’s role and shift more disaster-response responsibilities to individual states.
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