DOT sued for linking funds to immigration policy

Transportation System Safety at Risk Due to DOT Funding Conditions

At the heart of the lawsuit is a letter sent by Secretary Duffy on April 24 to DOT funding recipients. In the letter, Duffy warns that the department will only release federal funds to entities that “comply with their legal obligations,” including cooperating with federal agencies such as Immigration and Customs Enforcement (ICE), refraining from issuing driver’s licenses to undocumented immigrants, and not obstructing immigration investigations.

According to the attorneys general, this requirement is a direct violation of federal statutes governing transportation funding, as no legal provision conditions the disbursement of such funds on the enforcement of civil immigration laws.

The plaintiffs argue that the policy amounts to an attempt by the executive branch to usurp powers granted to Congress, which is constitutionally responsible for allocating federal funds. California Attorney General Rob Bonta stated that the president has no authority to illegally coerce state and local governments into using their resources to enforce federal immigration law. “He’s treating these funds — which have nothing to do with immigration — like bargaining chips. But this isn’t a game,” Bonta added.

The federal government, through Duffy’s letter, argues that some states’ refusal to cooperate with ICE endangers the safety of transportation systems funded by the DOT. However, the attorneys general warn that the loss of these funds could halt essential infrastructure projects and jeopardize public safety.