DOT sued for linking funds to immigration policy

Twenty democratic attorneys general sue Department of Transportation over tying funds to Trump-era immigration policies.

A coalition of 20 state attorneys general, led by California, filed a federal lawsuit on May 13 against the U.S. Department of Transportation (DOT) and its Secretary, Sean Duffy, for conditioning infrastructure funding on compliance with immigration policies promoted by former President Donald Trump.

Filed in a federal court, the lawsuit accuses the DOT of threatening to withhold essential funding for transportation projects unless recipients cooperate with Trump-era immigration policies, a move the plaintiffs argue is illegal and constitutes an overreach of executive power.

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.

Legal Battles Against the Department of Transportation

The states joining the lawsuit include Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. Arizona and North Carolina, despite having Democratic attorneys general, did not join the lawsuit.

This is not the first recent legal battle against the DOT. Just a week earlier, 16 Democratic attorneys general and the District of Columbia filed another lawsuit — this time over the suspension of funds for electric vehicle charging infrastructure — arguing that the Department lacks the authority to reinterpret budget allocation laws.

Both lawsuits highlight growing tensions between Democratic-led state governments and the federal administration over the political use of infrastructure funding and the constitutional separation of powers between Congress and the Executive Branch.