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Michigan Leads 20 States in Legal Victory Against FEMA and DHS Over Immigration Policy-Linked Funds

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Published on September 26, 2025
Michigan Leads 20 States in Legal Victory Against FEMA and DHS Over Immigration Policy-Linked FundsSource: Wikipedia/SHOWTIME, CC BY 3.0, via Wikimedia Commons

Victory struck for states' rights as Michigan Attorney General Dana Nessel, along with 20 other attorneys general, clinched a legal triumph over the Trump Administration's push to curry cooperation in immigration enforcement by dangling billions in federal disaster relief funds. A Rhode Island District Court judge granted summary judgment in favor of the states, ruling that the Federal Emergency Management Agency and Department of Homeland Security crossed constitutional lines and ignored the Administrative Procedure Act by making federal funds contingent on states' compliance with immigration policies, according to the Michigan Department of Attorney General.

In a sweeping decision that highlighted Washington's overreach, the court found the agencies' change of rules — which tied critical emergency preparedness funding to immigration enforcement assistance — as a clear violation. "This ruling makes clear that no administration can hold appropriated federal funds hostage to advance a political agenda," Michigan Department of Attorney General stated in an announcement made on Wednesday. The funds are essential for states as they combat threats ranging from terrorism to natural disasters, and such withholding could have jeopardized public safety.

Back in February, DHS Secretary Kristi Noem commanded a halt to federal funding for jurisdictions not aligned with federal immigration enforcement, prompting an amendment to the conditions for receiving all DHS grants in March. The revised requirements effectively forced states to choose between aiding federal immigration crackdowns and sacrificing billions in emergency funds.

According to the Court, the new guidelines established by the DHS were ambiguous, posing a "nearly impossible-to-achieve moving target" for states aiming to meet them. The conditions' nebulousness brought more confusion than clarity, leaving states grappling with the potential loss of indispensable financial support. These changes, the court concluded, put undue pressure on states by jeopardizing fiscal aid pivotal for disaster readiness, as stated by the Michigan Department of Attorney General.

Emphasizing the significance of safeguarded state funding, AG Nessel pointed out that in 2024, Michigan had been the beneficiary of over $60 million from DHS and almost $257 million from FEMA for disaster-specific situations. Taking a firm stance, Nessel and her counterparts argued that the immigration conditions far exceeded DHS' legal authority and breached constitutional protocols, as the initial intentions behind the programs were disaster response, not immigration enforcement. The Court resonated with their perspective, deeming such imposition on all FEMA programs, regardless of their original purpose, as unlawful, as per the Michigan Department of Attorney General.

With their backs against the wall, the coalition of states, including California, New York, and Wisconsin, stood united against the federal overstep. This ruling not only reaffirms the foundational balance between federal oversight and state sovereignty but also ensures that the residents across these states will not be left vulnerable in the wake of disasters due to politically motivated funding withholdings, as reported by the Michigan Department of Attorney General.