Judge delivers basic civics lesson to Trump lawyer: 'How the Constitution works'

A Rhode Island federal judge seemed likely Wednesday to block the U.S. Department of Transportation’s move to yank billions in congressional funding for bridges, roads and airport projects if Democrat-led states do not partake in federal immigration enforcement.

U.S. District Judge John James McConnell Jr.during a hearing pressed acting U.S. Attorney Sara Miron Bloom on how the Transportation Department could have power over funding that was approved by Congress, saying federal agencies “only have appropriations power given by Congress.”

“That’s how the Constitution works,” he said. “Where does the secretary get the power and authority to impose immigration conditions on transportation funding?”

The suit brought by 20 Democratic state attorneys general challenges an April directive from Transportation Secretary Sean Duffy, a former House member from Wisconsin, that requires states to cooperate in federal immigration enforcement in order to receive federal grants already approved by Congress.

“Defendents seek to hold hostage tens of billions of dollars of critical transportation funding in order to force the plaintiff states to become mere arms of the federal government’s immigration enforcement policies,” Delbert Tran of the California Department of Justice, who argued on behalf of the states, said.

Arguing on behalf of the Trump administration, Bloom said that Duffy’s letter simply directs the states to follow federal immigration law.

McConnell, who was appointed by former President Barack Obama in 2011, said that while the states could interpret it that way, the Trump administration has gone after so-called sanctuary cities and targeted them for not taking the same aggressive immigration enforcement as the administration.

The judge said Bloom’s argument expressed a “very different” interpretation of the directive than how the administration has described it publicly. He also noted President Donald Trump and Homeland Security Secretary Kristi Noem have “railed on … the issues that arise from sanctuary cities.”

Trump this week directed U.S. Immigration and Customs Enforcement agents to target Chicago, Los Angeles and New York — three major Democrat-led cities that have policies to not aid in immigration enforcement.

McConnell said he would make a decision whether to issue a preliminary injunction before Friday. The preliminary injunction would be tailored to the states that brought the suit and would not have a nationwide effect.

The states that brought the suit are California, Illinois, New Jersey, Rhode Island, Maryland, Colorado, Connecticut, Delaware, Hawaii, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, Oregon, Vermont, Washington and Wisconsin.

Undermines Congress

Tran said the Department of Transportation’s directive is not only arbitrary and capricious, but undermines congressional authority because Congress appropriated more than $100 billion for transportation projects to the states.

Cutting off funding would have disastrous consequences, the states have argued.

“More cars, planes, and trains will crash, and more people will die as a result, if Defendants cut off federal funding to Plaintiff States,” according to the brief from the states.

Transportation security and immigration

Bloom defended Duffy’s letter, saying it listed actions that would impede federal law enforcement and justified withholding of funds because “such actions compromise the safety and security of the transportation systems supported by DOT financial assistance.”

McConnell said that didn’t answer his question about the secretary’s authority to withhold congressionally appropriated funding.

“It seems to me that the secretary is saying that a failure to comply with immigration conditions is relevant to the safety and security of the transportation system,” Bloom said.

McConnell seemed skeptical of that argument.

“Under that rationale, does the secretary of the Department of Transportation have the authority to impose a condition on federal highway funds that prohibit a state that has legalized abortion from seeking a federal grant?” he asked.

Bloom said that question was beyond her directive from the Department of Transportation to address in her arguments to the court.

“I understand your question,” she said. “All I think I can say is that here the secretary has, in his statement, set out a rationale for why this is relevant to DOT funding.”

Tran said that the “crux of this case is” that the Trump administration is trying “to enforce other laws that do not apply to these grants,” by requiring states to partake in immigration enforcement.

“It’s beyond their statutory authority,” he argued.