Court declares cut of antiterrorism funds to sanctuary states illegal
Judge McElroy's decision solidified a victory for the coalition of 12 state attorneys general who filed a lawsuit against the federal government
A federal court dealt a blow to President Donald Trump's administration by declaring illegal the cut of funds for security and counterterrorism programs for states that refused to support his agenda of mass deportations.
The decision, issued from Rhode Island, orders the Department of Homeland Security (DHS) restore previously announced allocations and overturn last-minute changes that, according to the court, jeopardized public safety.
Judge Mary McElroy's decision solidified a victory for the coalition of 12 state attorneys general who filed a lawsuit against the government a few months ago, after being warned that their states would receive drastically reduced federal grants for being sanctuary jurisdictions.
The lawsuit was brought by a coalition of Democratic-led states that accused the Executive Branch of using federal funding as a tool for political pressure.
The attorneys general of California, Illinois, New Jersey, Rhode Island, Connecticut, Delaware, the District of Columbia, Massachusetts, Minnesota, New York, Vermont, and Washington, along with the governor of Pennsylvania, argued that the cuts left them vulnerable to “irreparable harm” in the face of threats such as terrorism, natural disasters, and large-scale emergencies.
Security Funds at Stake
At the heart of the litigation is the Homeland Security Grant Program (HSGP), which distributes resources to states and localities to strengthen preparedness for terrorist attacks and other crises.
The Department of Homeland Security reallocated millions of dollars that had already been promised to the plaintiff states, a decision that Federal Judge Mary McElroy called arbitrary and contrary to administrative law.
“The court has no doubt in concluding that the plaintiffs are at risk of irreparable harm,” McElroy stated.Underlining that the loss of these funds cannot be compensated later and that their long-term consequences for disaster response are “real and irreparable.”
The judge ordered DHS to modify HSGP awards to reflect the originally announced funding levels and reversed other significant changes implemented at the close of the fiscal year in September.
Immigration and Political Punishment
The judge also noted that, since the beginning of Trump’s second term, the Executive Branch has repeatedly attempted to condition the delivery of federal funds on the cooperation of states and cities with the enforcement of immigration laws.
On January 20, 2025, Trump signed an executive order instructing DHS to ensure that so-called sanctuary jurisdictions would not receive federal funds.
Another order, dated February 19, reinforced that line by requiring that federal payments not encourage such policies. For McElroy, this approach violates the public interest. “There is generally no public interest in the perpetuation of illegal actions by a government agency,” she stated in her ruling, concluding that a permanent injunction was warranted. The judge, appointed to the position by Trump himself, was particularly critical, considering that the cuts affected vital programs. She even cited the recent armed attack at Brown University as an example of situations in which these resources are key to an effective response. The plaintiff states celebrated the ruling as a victory that halts what they call an attempt at political punishment and protects funds that, they assert, “save lives.” With this order, the federal government is obligated to restore the original funding levels. “This victory ensures that the Trump administration cannot punish states that refuse to help carry out its cruel immigration agenda,” celebrated Andrea Joy Campbell, Attorney General of Massachusetts.Trump signed an executive order instructing the DHS to ensure that so-called sanctuary jurisdictions did not receive federal funds. Another order, dated February 19, reinforced that policy by requiring that federal payments not encourage such practices. For McElroy, this approach violates the public interest. “There is generally no public interest in the perpetuation of illegal actions by a government agency,” she stated in her ruling, concluding that a permanent injunction was warranted. The judge, appointed to the position by Trump himself, was particularly critical, noting that the cuts affected vital programs. He even cited the recent armed attack at Brown University as an example of situations where these resources are key to an effective response. The plaintiff states celebrated the ruling as a victory that halts what they call an attempt at political punishment and protects funds that, they assert, “save lives.” With this order, the federal government is obligated to restore the original funding levels. “This victory ensures that the Trump administration cannot punish states that refuse to help carry out its cruel immigration agenda,” celebrated Andrea Joy Campbell, Attorney General of Massachusetts.Trump signed an executive order instructing the DHS to ensure that so-called sanctuary jurisdictions did not receive federal funds. Another order, dated February 19, reinforced that policy by requiring that federal payments not encourage such practices. For McElroy, this approach violates the public interest. “There is generally no public interest in the perpetuation of illegal actions by a government agency,” she stated in her ruling, concluding that a permanent injunction was warranted. The judge, appointed to the position by Trump himself, was particularly critical, noting that the cuts affected vital programs. He even cited the recent armed attack at Brown University as an example of situations where these resources are key to an effective response. The plaintiff states celebrated the ruling as a victory that halts what they call an attempt at political punishment and protects funds that, they assert, “save lives.” With this order, the federal government is obligated to restore the original funding levels. “This victory ensures that the Trump administration cannot punish states that refuse to help carry out its cruel immigration agenda,” celebrated Andrea Joy Campbell, Attorney General of Massachusetts.

