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2.0

Department of Transportation issues order requiring states and localities to cooperate with federal immigration enforcement in order to receive funding

  1. Original Date Announced

    January 29, 2025

    Section 5(f)(v) of Department of Transportation order, "Ensuring Reliance Upon Sound Economic Analysis in Department of Transportation Policies, Programs, and Activities," states that "[t]o the maximum extent permitted by law," DOT funded programs and activities (including grants, loans, contracts) must prioritize projects requiring local compliance or cooperation with federal immigration enforcement and other goals of the president and Secretary of Transportation.

    Trump 2.0 [ID #1484]

    2025.01.29 DOT Order re: Ensuring Reliance Upon Sound Economic Analysis in Department of Transportation Policies Programs and Activities
  2. Effective Date

    January 29, 2025
  3. Subsequent Trump and Court Action(s)

    • April 24, 2025

      2025.04.24 DOT: Follow the Law Letter to Recipients of DOT Grant Funding

      Transportation Secretary Sean Duffy issued a "Follow the Law" letter to federal transportation funding recipients stating that they are "obligated to comply fully with all applicable Federal laws and regulations . . . including cooperating with and not impeding [ICE and DHS] in the enforcement of Federal immigration law." The letter states that lack of cooperation includes "declin[ing] to cooperate with ICE investigations," "issu[ing] driver's licenses to individuals present in the United States in violation of Federal immigration law," and "otherwise act[ing] in a manner that impedes Federal law enforcement." Additionally, DOT "expects its recipients to ensure that the Federal financial assistance they receive from DOT is provided only to subrecipients, businesses, or services providers that are U.S. Citizens or U.S. Nationals and Lawful Permanent Residents (LPRs) or legal entities allowed to do business in the U.S. and which do not employ illegal aliens."

      Failure to comply with these "legal obligations" could result in a loss of DOT funding.2

      View Document

Current Status

None

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: Sanctuary Restrictions
Agencies Affected: Other

Commentary

  • 2025.01.31 NYT Trump Raises New Threat to Sanctuary Cities: Blocking Transportation Dollars

    DOT, which sends billions of dollars annually to states and local governments, issued an order threatening to block transportation funding to "sanctuary cities."

    Go to article
  • OneFirst Spending, Coercion, and Commandeering

    Steve Vladeck offers a legal analysis of the Constitution's Spending Clause in light of the DOT order

    Go to article

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To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com