California sues over Trump policy tying transportation grants to immigration

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WASHINGTON — California Atty. Gen. Rob Bonta filed two lawsuits on Tuesday challenging a Trump administration policy that would deny the state billions of dollars in transportation grants unless it follows the administration’s lead on immigration enforcement.

“Let’s be clear about what’s happening here,” Bonta said in a statement. “The President is threatening to yank funds to improve our roads, keep our planes in the air, prepare for emergencies, and protect against terrorist attacks if states do not fall in line with his demands.”

“He’s treating these funds, which have nothing to do with immigration enforcement and everything to do with the safety of our communities, as a bargaining chip,” Bonta added.

The lawsuits, filed with a coalition of 20 states against the Departments of Transportation and Homeland Security in U.S. district court in Rhode Island, argue that imposing the new set of conditions across a broad range of grant programs exceeds the administration’s legal authority.

The Departments of Transportation and Homeland Security didn’t immediately respond to a request for comment.

Last month, Trump signed an executive order aiming to identify and possibly cut off federal funds to so-called sanctuary cities and states, which limit collaboration between local law enforcement and immigration authorities.

“It’s quite simple,” said White House Press Secretary Karoline Leavitt in a briefing announcing the executive order. “Obey the law, respect the law, and don’t obstruct federal immigration officials and law enforcement officials when they are simply trying to remove public safety threats from our nation’s communities.”

Cities and states that find themselves on the Trump administration’s list could also face criminal and civil rights lawsuits, as well as charges for violating the Racketeer Influenced and Corrupt Organizations Act.

During Trump’s first term in 2018, California legislators passed a pioneering sanctuary law, the California Values Act.

During a news conference announcing the lawsuits on Tuesday, Bonta said California has now sued the Trump administration 22 times.

California receives more than $15.7 billion in transportation grants annually to maintain roads, highways, railways, airways and bridges, Bonta’s office said. That includes $2 billion for transit systems, including buses, commuter rail, trolleys and ferries.

The state also receives $20.6 billion in yearly homeland security grants to prepare for and respond to terrorist attacks and other catastrophes. Those funds include emergency preparedness and cybersecurity grants.

But the coalition of states — also including Illinois, New Jersey and Rhode Island — argued that because such grant funding has no connection to immigration enforcement, the Trump administration cannot impose criteria that forces states to comply with its vision of enforcement. And they said the policy ignores Congress’ authority to designate federal funding.

“The President doesn’t have the authority to coerce state and local governments into using their resources for immigration enforcement,” Bonta said. “This is a blatantly illegal attempt to bully states into enacting Trump’s inhumane and illogical immigration agenda.”

The other states also stand to lose billions of dollars in federal funds. Illinois, for example, received more than $122 million in funding from FEMA and $2 billion from the Department of Transportation, said Illinois Atty. Gen. Kwame Raoul.

“These agency actions would damage the carefully built trust between law enforcement and immigrant communities, which is critical to promoting public safety,” Raoul said. “The need for safe roads and for lifesaving responses to natural disasters like floods, tornadoes and wildfires — they don’t differentiate between red states and blue states.”

This story will be updated.