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2.0

FEMA Withholds SSP Program Payments to Migrant Shelters Pending Review

  1. Original Date Announced

    March 13, 2025

    FEMA sent a letter to grant recipients of FEMA’s Shelter and Services Program (SSP), asking for "contact information" for migrants who were served at their shelter facilities as well as “a detailed and descriptive list of specific services provided." FEMA notified these organizations that additional funding would be held up while the agency conducted its review. Subpoenas were served in parallel by federal prosecutors against shelters in NYC.

    A redacted copy of one such letter dated March 11, 2025, is included as evidence of the new policy.

    Trump 2.0 [ID #1614]

    2025.03.11 FEMA Letter Withholding Funds to SSP Grantee Reported: FEMA launches review of migrant shelter aid, suggesting smuggling laws were violated -AP
  2. Effective Date

    March 11, 2025
  3. Subsequent Trump and Court Action

    April 2, 2025

    2025.04.02 Reported: Congress appropriated some FEMA money to house and aid migrants. Trump officials want it used to detain them - CNN

    CNN reports that FEMA notified SSP grantees that it was terminating grants associated with the program. Administration officials are also purportedly "reviewing whether DHS has the authority to redistribute these program funds for immigration enforcement . .. given that the money was congressionally appropriated for a specific purpose." According to a source, "[t]he legislative authority for this grant program is extremely broad . . . Their interpretation is that providing shelter for an immigrant is tantamount to a detention bed."

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  4. Subsequent Trump and Court Action

    May 16, 2025

    2025.05.16 Complaint - City Of Chicago v. Department of Homeland Security

    Chicago, Denver, and Pima County, Arizona, filed a lawsuit against DHS, alleging that the agency overstepped Congress's authority by abruptly rescinding funds intended to shelter and assist newly arrived migrants. The lawsuit claims DHS has effectively dismantled a Biden-era program without congressional approval. The complaint centers on the Federal Emergency Management Agency's (FEMA's) Shelter and Services Program, which reimburses local governments and nonprofit organizations for providing temporary shelter and support to noncitizens released from DHS custody. The plaintiffs allege their funding was unexpectedly "zeroed out" in February, shortly after Elon Musk tweeted that FEMA had violated an executive order by providing funds to New York City to support "illegals." The complaint claims that the government's actions violate separation of powers principles, the spending clause, APA, and are ultra vires, and seeks declaratory and injunctive relief to block the termination of the Shelter and Services Program and associated funding actions. City of Chicago v. Dep't of Homeland Sec., No. 1:25-cv-05463 (N.D. Ill).

    **Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

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  5. Subsequent Trump and Court Action

    May 24, 2025

    2025.05.24 Reported: Trump administration releases people to shelters it threatened to prosecute for aiding migrants - Associated Press

    The Associated Press reports ICE has continued to release noncitizens to nongovernmental shelters along the U.S.-Mexico border after FEMA told those same organizations that providing migrants with temporary housing and other aid could lead to felony charges for smuggling. Despite the March 11 letter from FEMA indicating that aid to migrants may be illegal, ICE has proceeded to ask shelters in Texas and Arizona to receive people released from detention.

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  6. Subsequent Trump and Court Action

    July 12, 2025

    2025.07.12 Order Granting TRO - City of Chicago v. Department of Homeland Security

    District Judge Matthew F. Kennelly issued a temporary restraining order enjoining DHS from reclaiming Shelter and Services Program funds. Plaintiffs alleged that DHS had planned to redirect the funds to the so-called "Alligator Alcatraz" facility in Florida. The Court found that the defendants were likely to "effectively render the case moot, by reprogramming, transferring, de-obligating, or otherwise eliminating, the Shelter and Services Program grants to the plaintiffs," and that these anticipated actions may take place over the weekend. It further found that these actions would cause irreparable harm to the plaintiffs. The temporary restraining order expires on July 16. City of Chicago v. Dep't of Homeland Sec., No. 1:25-cv-05463 (N.D. Ill).

    **Link to case here. See litigation note above**

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  7. Subsequent Trump and Court Action

    July 15, 2025

    2025.07.15 Order Denying TRO - City of Chicago v. Department of Homeland Security

    District Judge Matthew F. Kennelly vacated the temporary restraining order from July 12, 2025 and set a briefing schedule for the plaintiffs’ motion for preliminary injunction. City of Chicago v. Dep't of Homeland Sec., No. 1:25-cv-05463 (N.D. Ill).

    **Link to case here. See litigation note above**

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Current Status

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