Judge Rules Trump Can’t Hold Disaster Aid Hostage Over Immigration Enforcement

A federal judge ruled Wednesday that US President Donald Trump’s attempt to bully states into cooperating with his administration’s anti-immigrant crackdown by conditioning emergency and disaster aid upon such cooperation is unconstitutional.

Judge William Smith of the US District Court for the District of Rhode Island—an appointee of former President George W. Bush—sided with 20 Democrat-led states and the District of Columbia, asserting in his 45-page ruling that “several contested conditions attached to the award of federal grants under the Department of Homeland Security are beyond the scope of DHS’ statutory authority, are a violation of the Administrative Procedure Act (APA), and are unconstitutional.”

“The court finds that the contested conditions are arbitrary and capricious and thus invalid under the APA and are also a violation of the conditions attached to the spending clause and thus unconstitutional,” Smith added.

The 20 states and DC sued the administration in May, arguing that DHS was illegally using federal funds meant for emergency readiness and disaster relief to strong-arm them into cooperating with Trump’s anti-immigrant crusade. In order to qualify for federal funds, states were ordered to grant federal immigration agents access to detainees and honor requests for cooperation, including by taking part in joint operations, sharing information, or holding detained immigrants.

The attorneys general in the case welcomed Smith’s decision.

“Today is an important win for the rule of law and reaffirms that the president may not pick and choose which laws he and his administration obey,” Democratic Rhode Island Attorney General Peter Neronha said in a statement. “Today’s permanent injunction by Judge Smith says, in no uncertain terms, that this administration may not illegally impose immigration conditions on congressionally allocated federal funding for emergency services like disaster relief and flood mitigation. Case closed.”

“These cases can feel long and daunting, and we still have a long road ahead of us, to be sure,” Neronha added. “But today’s decision reminds us that this president cannot impose his will where he does not have the lawful power to do so. And while he may continue to try, we will continue to fight.”

Democratic California Attorney General Rob Bonta, who was also involved in the case, hailed Wednesday’s “excellent news.”

“This is a final win in our case that will protect funding for our communities to defend against terrorist attacks and prepare for emergencies,” he added. “This is a good day for the rule of law and public safety.”