Judge Blocks Trump Admin From Placing Conditions On Federal Disaster Funds

Authored by Aldgra Fredly via The Epoch Times (emphasis ours),

A federal judge on Nov. 21 temporarily blocked the Trump administration from conditioning and withholding federal disaster preparedness funds that were allocated to local governments.

U.S. District Judge William Orrick in the Northern District of California issued a preliminary injunction in response to a lawsuit filed by a coalition of 29 local governments, which alleged that the conditions tied to the Department of Homeland Security (DHS) and FEMA funds were unconstitutional.

The administration required local governments to end programs that promote diversity, equity, and inclusion (DEI) and support federal immigration enforcement, or they could risk losing the funds, according to court documents.

In a 76-page ruling, Orrick said the plaintiffs were likely to prevail on their claims that the administration’s conditions were “ambiguous” and violated fundamental principles of constitutional law.

“In short, the EO [executive order] Condition, as it is currently written and applied to the DHS Conditions, is ambiguous. To find otherwise would defy the power of Congress to confer upon agencies the authority to grant funding in the first place,” the judge stated.

Orrick also noted that the plaintiffs’ interests in obtaining the funding to support critical infrastructure and emergency response programs for their communities far outweigh the administration’s interests.

“As indicated above, plaintiffs represent over thirty million individuals, and their DHS and FEMA grants provide funding to support these disaster and public safety initiatives. Many of the plaintiffs would be unable to otherwise fund these programs without grants,” the judge said.

Los Angeles, San Francisco, Oakland, and San Diego were among the plaintiffs that filed suit on Sept. 30 to prevent the administration from imposing what they called “unlawful conditions” on more than $350 million in emergency and disaster preparedness funds.

In a joint statement, San Francisco City Attorney David Chiu welcomed the ruling, saying that withholding emergency and disaster preparedness funds would put public safety at risk.

“This funding means faster emergency response times, stronger regional coordination, and better protection for our residents during disasters and terrorist attacks,” Chiu stated. “We appreciate the Court ruled in our favor and blocked this unlawful overreach.”

Santa Clara County Counsel Tony LoPresti, part of the plaintiffs, praised the judge for recognizing that the administration’s “political agenda” should not influence the funding.

“As local governments, we take our responsibility seriously to protect all members of the community from the ravages of disaster, no matter their politics,” LoPresti said in the statement. “Governments shouldn’t have to pass a political litmus test to be able to care for their communities, especially in the face of a disaster.”

DHS and FEMA did not respond to a request for comment by publication time.