Original Date Announced

According to a lawsuit filed by almost 30 counties against the Trump administration, DHS has modified its "Standard Terms and Conditions" for localities receiving certain grants from FEMA. Among others, the new conditions require grant recipients and subrecipients to agree to cooperate with ICE and other federal immigration-enforcement activities; agree to comply with all present and future executive orders; and agree to and certify compliance with new DEI standards. The funding at issue includes grants under the Emergency Management Performance Grant Program; Homeland Security Grant Program; Assistance to Firefighters Grant Program, Hazard Mitigation Grant Program; and others.

The complaint alleges that these conditions violate the separation of powers, the Constitution's Spending Clause, and the Administrative Procedure Act (APA). Plaintiff counties ask the court to declare these conditions unlawful and set them aside, and order the government not to retaliate against any county for their participation in the lawsuit. County of Santa Clara v. Noem, No. 3:25-cv-08330 (N.D. Cal.).

**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**

Trump 2.0 [ID #2001]

Subsequent Trump and Court Action

2025.10.02 Reported: In unusual move, FEMA halts preparedness grant money, orders states to recount their populations excluding deported migrants - CNN

CNN reports that FEMA is withholding more than $300 million in emergency-preparedness grants from states until they certify that their population estimates, used to determine grant allocations, exclude deported migrants. It is unclear how states are expected to count the number of deportees.

Emergency Management Performance Grants help states and territories improve their readiness for and resilience to extreme weather by paying for emergency-management staff, training, equipment, and public education. A FEMA spokesperson discussed "prevent[ing] fraud and abuse" and ensuring "equitable distribution" in light of population shifts. However, experts have warned that the new requirement could delay essential funds needed for day-to-day operations of many state and local emergency-management agencies.

Subsequent Trump and Court Action

2025.10.24 Amended Complaint - Illinois v. Noem

12 states and the District of Columbia filed an amended complaint to challenge the new population-certification requirement reported by CNN. Plaintiffs allege that on September 30, 2025, DHS issued amended Emergency Management Performance Grant awards that imposed a new requirement for states to certify their own populations excluding deported migrants. The complaint states that “[r]eal-time population figures are simply impossible to provide, and they are made doubly impossible by the demand to incorporate information about deportations that DHS alone holds.” Plaintiffs also challenge FEMA’s decision to reduce their funding under the Homeland Security Grant Program; they allege that FEMA reduced allocations only of certain states it views as “sanctuary” jurisdictions, while increasing other states’ allocations.

Plaintiffs argue that the population-certification requirement and reallocation decision violate the Administrative Procedure Act (APA). The original complaint, challenging only the reallocation decision, was filed on September 29, 2025. Illinois v. Noem, No. 1:25-cv-00495 (D.R.I.).

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

Subsequent Trump and Court Action

2025.11.21 Order Granting PI - Santa Clara v. Noem

A federal judge entered a preliminary injunction ordering FEMA and DHS to stop conditioning funds, including disaster emergency-preparedness grants, on conditions about local law-enforcement assisting immigration enforcement and about restricting DEI actions. County of Santa Clara v. Noem, No. 3:25-cv-08330 (N.D. Cal.).

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