Shapiro contended that if these conditions are permitted, states would be forced to devote scarce resources to do the work of the federal government on civil immigration enforcement – beyond what state laws allow or require – to receive funding through the HSGP and other vital grant emergency management programs.
Additionally, the lawsuit challenges the Trump administration’s decision to condition all 2026 FEMA funding based on the agency’s assessment of a state’s willingness to align with the administration’s priorities. The lawsuit asserts that potentially politicize emergency responses.
The lawsuit names as defendants the Department of Homeland Security, Homeland Security Secretary Markwayne Mullin, the Federal Emergency Management Agency and interim administrator Robert Fenton.
The lawsuit is led by Illinois Attorney General Kwame Raoul, and, in addition to Shapiro, is being joined by California, New Jersey, Rhode Island, Arizona, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Oregon, Vermont, Virginia, Washington, Wisconsin, and Washington, D.C, as well as Kentucky Governor Andy Beshear.