New York State filed a lawsuit against the federal government on Monday, September 29th, demanding the reinstatement of $33.89 million originally allocated to New York for counterterrorism and public transportation safety. This funding was frozen or reallocated by the federal government due to New York’s implementation of immigrant sanctuary policies. On the afternoon of October 1st, Manhattan Federal Court Judge Lewis Kaplan temporarily supported New York State’s claim by issuing a temporary restraining order, prohibiting the Department of Homeland Security from transferring or rendering this fund ineffective before October 15th unless further extended by the court.
According to the lawsuit filed by New York State Attorney General Letitia James, this funding was initially part of the Transit Security Grant Program (TSGP), established after the 9/11 attacks to assist transportation systems in enhancing defense against chemical, biological, radiological, and explosive threats. Given that New York is considered a high-risk area, it should qualify for a higher proportion of grants.
However, New York alleges that the Department of Homeland Security suddenly “zeroed out” the $33.89 million that New York should have received and allocated it to other states. The Attorney General thus requested an emergency restraining order to prevent the funds from being transferred or becoming ineffective and to restore New York’s rightful allocation.
“Today, the court temporarily prevented the federal government from taking away this $33 million in counterterrorism funding, which is crucial for ensuring passenger safety,” stated Letitia James.
The lawsuit emphasizes that under regulations, such grants should be allocated based on risk assessment rather than the state-level immigration policies. New York believes that the federal government’s action is a form of political retaliation, punishing the state for not cooperating with federal immigration enforcement.
In addition to New York’s lawsuit against the Department of Homeland Security, 11 other states filed a joint lawsuit on the same day, attempting to prevent the federal government from reallocating their counterterrorism grants.
If the emergency restraining order is approved by the court, the federal government must halt fund transfers and maintain the allocation to New York until the lawsuit’s outcome.
For New York, the cancellation or delay of this grant poses significant challenges to upgrading public transportation system security, surveillance equipment, emergency communications, network security, and other essential measures.