States Not Required to Cooperate on Immigration to Receive Disaster Funds Says Rhode Island Court

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Immigrants Make America Great Says This Button, Despite What Trump Thinks.

Portland Resident Tom Loureiro is Not Shy About His Feelings for President Trump; “Fuck Donald Trump” Sums it Up Well.

 

Yesterday Attorney General Aaron M. Frey announced an important victory in a multistate lawsuit he joined against the Trump administration over its attempt to illegally coerce states into sweeping immigration enforcement by threatening to withhold billions in federa funding for emergency preparedness and preventing and addresing terrorist attacks, mass shootingss, wildfires, floods, cybersecurity threats and more.

The District Court for the District of Rhode Island yesterday granted a motion for summary judgment filed by AG Frey and 20 attorneys general in their lawsuit against the Federal Emergency Managemet Agency (FEMA) and the Department of Homeland Security (DHS).

In its opinion, the Court held that the agencies violated the Constittion and the Administrative Procedure Act by conditioning all federal funds from FEMA and DHS on states’ agreement to assist in enforcing federal immigration law.

“The federal government continues to use threats of withholding grants — this time ones slated for disaster relief and anti-terrorism effort — to meet its arbitrary and inhumane immigration goals,” said AG Frey.  “Importantly, the court found that there was no reasonable or lawful justification for this other than to compel the States’ compliance.  My colleagues and I will continue to hold the President and his Admnistration to account under the law and the Constitution”

In filing the lawsuit, AG Frey and the coalition of twenty argued that the immigration conditions exceed DHS’s leglal authority and violate the Constitution because the programs in question were established to help states prepare for, protect against, respond to and recover from catasrophic disasters, not for immigration-related purposes  The district court agreed, holding that imposing the condition on all DHS and FEMA programs, regardless of the purpose of those programs, was unlawful.’

The lawsuit was co-led by the Attorneys General of California, Ilinois, New Jersey and Rhode Island.

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