AG Ford sues Trump administration over immigration conditions on federal funding

Nevada Attorney General Aaron Ford attends a news conference at a Kamala Harris For President field office Thursday, July 25, 2024. Photo by: Steve Marcus

Nevada Attorney General Aaron Ford has joined a coalition of 19 Democratic attorneys general in filing two lawsuits challenging the Trump administration's attempt to withhold billions in federal funding unless states assist with immigration enforcement, his office said today.

The lawsuits target the Federal Emergency Management Agency (FEMA), Department of Homeland Security (DHS), DHS Secretary Kristi Noem, Department of Transportation (DOT), and DOT Secretary Sean Duffy. Each agency imposed new conditions requiring states to cooperate with federal immigration enforcement to receive critical funding.

"These lawsuits are necessary because these agencies do not have the power to put conditions on federal funding that were not imposed by Congress," Ford said in a statement. "By putting these illegal conditions on millions of dollars that Nevada needs, this administration is playing games with the lives and safety of Nevadans."

The contested funds support essential services including disaster relief, highway construction, airport improvements, and infrastructure projects, Ford’s office said. Nevada stands to lose nearly $4.4 million in State Homeland Security Program funds, $4.7 million in Urban Areas Security Initiative funds, and over $553 million annually in Federal-Aid Highway funding if the conditions remain in place, they said.

In February, Noem directed DHS to cease federal funding to jurisdictions not assisting with federal immigration enforcement. Shortly after, Duffy issued similar requirements affecting grants for transportation infrastructure.

The attorneys general argue these requirements exceed the agencies' legal authority and are unconstitutional since Congress appropriated these funds without such conditions. They contend the requirements could damage public infrastructure nationwide and undermine trust between law enforcement and immigrant communities.