June 20 (UPI) — A federal judge has blocked President Donald Trump’s attempt to make federal transportation funding contingent on state compliance with his immigration policies.
In his ruling Thursday, Chief U.S. District Judge John McConnell of Providence, R.I., said not only does the Department of Transportation lack the authority to tie grant funding to immigration enforcement, but the directive also usurps Congress’ power of the purse while being “arbitrary and capricious.”
“Congress did not authorize or grant authority to the Secretary of Transportation to impose immigration enforcement conditions on federal dollars specifically appropriated for transportation purposes,” the President Barack Obama appointee said in his brief ruling.
The ruling came in response to a lawsuit filed by 20 state attorneys general challenging an April 24 directive sent to all Department of Transportation funding receipts, stating they must comply with an Immigration Enforcement Condition when applying for future grants.
The letter specifies that as recipients, they have “entered into legally enforceable agreements with the United States Government and are obligated to comply fully with all applicable Federal laws and regulations,” particularly those relating to immigration enforcement and diversity, equity and inclusion policies.
“Adherence to your legal obligations is a prerequisite for receipt of DOT financial assistance,” Transportation Secretary Sean Duffy’s letter states.
“Noncompliance with applicable Federal laws, or failure to cooperate generally with Federal authorities in the enforcement of Federal law, will jeopardize your continued receipt of Federal financial assistance from DOT and could lead to a loss of Federal funding from DOT.”
The 20 Democrat-led states filed their lawsuit against the directive in May, arguing the Department of Transportation has no authority to tie grants to federal civil immigration enforcement, as the two are unrelated.
In his ruling, McConnell agreed with the plaintiffs.
“The IEC, backed by the Duffy Directive, is arbitrary and capricious in its scope and lacks specificity in how the States are to cooperate on immigration enforcement in exchange for Congressionally appropriated transportation dollars — grant money that the States rely on to keep their residents safely and efficiently on the road, in the sky and on the rails,” he said.
“[T]he IEC is not at all reasonably related to the transportation funding program grants.”
California Attorney General Rob Bonta applauded the ruling while chastising Trump for “threatening to withhold critical transportation funds unless states agree to carry out his inhumane and illogical immigration agenda.
“It’s immoral — and more importantly, illegal,” the Democrat said. “I’m glad the District Court agrees, blocking the President’s latest attempt to circumvent the Constitution and coerce state and local governments into doing his bidding while we continue to make our case in court.”
Since returning to the White House, Trump has led a crackdown on immigration, with many of his policies being challenged in court.
Late Thursday, an appeals court handed Trump a victory in the battle, permitting California National Guard troops to remain deployed on Los Angeles streets amid protests against his immigration policies.
California Gov. Gavin Newsom has vowed to continue to fight what he called “President Trump’s authoritarian use of U.S. military soldiers.”
