In a decisive move to protect critical anti-terrorism funding, New York Attorney General Letitia James filed a lawsuit against Secretary Kristi Noem and the Department of Homeland Security (DHS), along with seeking an emergency motion for a temporary restraining order (TRO). The crux of the matter, as reported by the Attorney General's office on September 30th, lies in DHS cutting the MTA's Transit Security Grant Program (TSGP) funding from nearly $34 million to zero. This abrupt decision came just one day before the end of the federal fiscal year, sparking immediate action from James to save the crucial funds earmarked for New York's transportation security.
The TRO aims to prevent DHS from reallocating the funds elsewhere and to preserve them until the courts can decide on the matter. Attorney General James has argued that New York's riders, who make up almost 40 percent of the nation's transit users, should not be "put at risk by this administration’s political games." In a statement obtained by the Attorney General's Office, she emphasized the grave nature of this situation, reflecting on New York's history with terrorism and the ongoing need for robust transit system defense mechanisms.
It appears that New York's status as a "sanctuary" city is at the heart of DHS's decision to revoke the funds, a move learned not through official channels but through a news report. Despite efforts from state officials, DHS and the Federal Emergency Management Agency (FEMA) have not provided any formal notice or explanation for the sudden withdrawal of funding, as outlined in the original press release from Attorney General's Office.
Amidst the legal actions, the lawsuit highlights the MTA's intended use of the grant money, which includes fortifying stations and tunnels against attacks, boosting surveillance, enhancing cybersecurity, and streamlining evacuation protocols. Attorney General James' urgent plea to the court specifically asks to "de-obligate any funds diverted from New York," according to the press release from the Attorney General's Office. Her TRO motion further seeks to prevent the potential dispersal or returning of the money to the Treasury, and to halt the statutory lapse of the funds, all in a bid for New York to receive what is duly theirs.
The legal argument presented in the U.S. District Court for the Southern District of New York accuses DHS of stepping beyond their statutory authority and violating the Administrative Procedure Act. The principles of equal sovereignty, as laid out by the Constitution, are also allegedly breached by DHS's actions. It is a direct challenge to ensure that not only this year's TSGP funds are restored to New York, but also that future allocations are made on an unbiased basis that prioritizes risk over politics, as the Attorney General's lawsuit claims.
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