Original Date Announced

Section 5(f)(v) of the Department of Transportation's (DOT) 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]

Subsequent Trump and Court Action

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."

Subsequent Trump and Court Action

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 service 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.

Subsequent Trump and Court Action

2025.06.19 Preliminary Injunction - California v. U.S. Dep't of Transportation

Judge John McConnell preliminarily enjoined DOT's conditions on federal transportation funding outlined in Secretary Duffy's April 2025 letter. Judge McConnell found that the Secretary lacked statutory authority to impose immigration-related conditions on transportation funding and that the conditions were arbitrary and capricious in their scope, failed to specify how states are supposed to cooperate with federal immigration-enforcement authorities, and violated the Spending Clause because "[t]he Government does not cite any plausible connection between cooperating with ICE enforcement and the congressionally approved purposes of the Department of Transportation." California v. U.S. Dep't of Transportation, No. 1:25-cv-00208 (D.R.I.)

**See litigation note above**