More than two dozen states have filed a lawsuit against the Trump administration, challenging federal policies that condition the receipt of billions of dollars in disaster funding on compliance with election and immigration requirements. The lawsuit, filed in Rhode Island, targets Federal Emergency Management Agency (FEMA) and Department of Homeland Security (DHS) policies that the states argue are unlawfully withholding critical funds.
According to the legal challenge, the administration is requiring states to alter their election systems and assist DHS with immigration enforcement. These conditions also grant DHS the authority to terminate grants at any time and for any reason. Rhode Island Attorney General Peter Neronha stated that the administration is threatening public safety by unlawfully withholding funds and attempting to bully states into abandoning their right to enact policies serving their residents.
The states contend that attaching conditions to congressionally appropriated funding violates the Administrative Procedure Act and the U.S. Constitution's spending clause. A spokesperson for the Department of Homeland Security did not immediately respond to a request for comment.
This lawsuit is one of many challenging the Trump administration's practice of leveraging federal funding to pressure states, primarily those with Democratic leadership, into aligning with its priorities. Similar strategies have been previously applied to education, domestic violence, and highway funding.
Courts have previously ruled against this approach. A ruling last year prohibited the administration from imposing conditions on other FEMA funding. This year, a separate ruling blocked the administration from redirecting DHS funding away from states not perceived as supportive of its agenda. Last year, U.S. District Judge John McConnell Jr. barred the Transportation Secretary from cutting off transportation funds to states that did not comply with immigration enforcement actions, citing risks to public safety, state sovereignty, community trust, and infrastructure projects.
The current lawsuit specifically challenges conditions being applied to 2026 funding, mirroring attempts made with previous funding cycles. Among the contested requirements are demands for states to transition to paper-ballot systems, conduct manual audits of voting systems, reconcile voter rolls, and verify the citizenship of every registered voter in state databases. Failure to comply could result in the loss of at least 20% of a state's Homeland Security Grant Program funding, which supports measures against cyberattacks and terrorism.
These conditions come as former President Trump has repeatedly made unsubstantiated claims of widespread fraud in mail-in voting, particularly following his 2020 election loss. His administration has also expressed interest in directly managing election administration in certain areas.