Judge rules feds can’t block Illinois’ disaster funding in response to
immigration laws
[September 26, 2025]
By Ben Szalinski
The Trump administration cannot withhold federal emergency funding from
Illinois because the state refuses to participate in federal immigration
enforcement, a Rhode Island federal judge ruled on Wednesday.
President Donald Trump signed an executive order in January requiring
the Department of Homeland Security and agencies under its command, such
as the Federal Emergency Management Agency, to stop providing federal
funds to states that don’t cooperate with federal immigration
enforcement.
The move was designed to force states like Illinois to abandon laws that
prohibit law enforcement from participating in civil immigration
enforcement. Trump’s order could have applied to hundreds of millions of
dollars of federal funding Illinois receives for natural disaster
responses and other emergencies. But a judge ruled it unconstitutional
after Illinois and other states sued.
“I appreciate the court’s conclusion that DHS’ decision-making process
was ‘wholly under-reasoned and arbitrary,’” Attorney General Kwame Raoul
said in a statement. “The court’s ruling will ensure vital dollars that
states rely on to prepare for and respond to emergencies are not
withheld simply for political purposes.”
The 2017 TRUST Act, signed by Republican Gov. Bruce Rauner, prohibits
Illinois law enforcement from arresting a person based solely on their
immigration status. In most cases, law enforcement cannot assist
immigration officials with detaining people based solely on immigration
status, according to Raoul’s office.
The judge ruled that the order violates the Constitution because
Congress controls spending. The attorneys general filed the suit in the
U.S. District Court of Rhode Island.
“Sweeping immigration-related conditions imposed on every
DHS-administered grant, regardless of statutory purpose, lack the
necessary tailoring,” U.S. District Judge William E. Smith wrote. “The
Spending Clause requires that conditions be “reasonably calculated” to
advance the purposes for which funds are expended … and DHS has failed
to demonstrate any such connection outside of a few programs.”
[to top of second column]
|
Illinois Attorney General Kwame Raoul discusses a lawsuit against
the federal government at a news conference in January 2025.
(Capitol News Illinois photo by Andrew Adams)
Abortion funding
Raoul also filed a new motion on Wednesday alongside 21 other states and
Washington, D.C., that seeks to stop a new federal law from blocking
funding to Planned Parenthood and other health care facilities that
provide abortion services.
The attorneys general originally filed the lawsuit at the end of July to
challenge a provision in congressional Republicans’ “One Big Beautiful
Bill” that prohibits abortion clinics from using Medicaid funding for
reproductive health services for one year.
The attorneys general argue the timeline of the law and details about
which providers are included is too vague.
“We are urging the court to halt enforcement of the Defund Provision,
which is clearly intended to shutter Planned Parenthood,” Raoul said in
a statement. “Planned Parenthood facilities play a key role in our
nation’s health and wellness by providing preventative care to more than
1 million Americans.”
The motion comes as Planned Parenthood of Wisconsin announced Wednesday
that it will pause scheduling abortions because of the bill, causing
fears for Illinois abortion providers about a surge in demand. Wisconsin
Attorney General Joshua Kaul is also part of the lawsuit.
Capitol News Illinois is
a nonprofit, nonpartisan news service that distributes state government
coverage to hundreds of news outlets statewide. It is funded primarily
by the Illinois Press Foundation and the Robert R. McCormick Foundation.
 |
