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2.0

DHS reallocates Rail and Transit Security Grant Funds from New York based on alleged sanctuary status

  1. Original Date Announced

    September 30, 2025

    Streetsblog reports that "[t]he federal government will deny the [Metropolitan Transportation Authority] MTA tens of millions of dollars in requested security grant funding, withholding every dollar the agency asked for because New York City and New York state are 'sanctuary jurisdictions.'" Reportedly, "[t]he MTA has been a regular recipient of Transit Security Grant Program funds since the grant was created in 2005, receiving $19.8 million from it last year."

    Trump 2.0 [ID# 2016]

    2025.09.30 Reported: BIG ZERO: Trump Stiffs MTA in 'Sanctuary City' Tantrum - Streetsblog NYC
  2. Effective Date

    September 30, 2025
  3. Subsequent Trump and Court Action

    October 1, 2025

    2025.09.30 Complaint - State of New York v. Noem

    The State of New York sued the Department of Homeland Security, challenging DHS's rescission of funds awarded under the Rail and Transit Security Grant Program (TSGP). The complaint alleges that the federal government is statutorily required to deliver these funds and that rescission is unlawful under the Administrative Procedure Act (APA), ultra vires because Congress did not authorize the agency to reallocate TSGP funds, and violates the State's equal sovereignty under the Constitution. New York seeks relief setting aside the reallocation decision and requiring DHS to allocate TSGP funds to New York "consistent with the statutory criteria." Plaintiffs filed a typographically corrected complaint on October 1, 2025. State of New York v. Noem, 1:25-cv-08106 (S.D.N.Y. 2025).

    **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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  4. Subsequent Trump and Court Action

    October 1, 2025

    2025.10.01 TRO - State of New York v. Noem

    U.S. District Judge Lewis Kaplan granted New York State’s emergency motion for a temporary restraining order, enjoining DHS from "obligating, or disbursing, processing, returning to the U.S. Treasury, or otherwise making unavailable to plaintiff by any means . . . more than $49,801,500 of the $83,700,000" that Congress appropriated under TSGP.

    According to Courthouse News Service, Judge Kaplan ruled from the bench that the allocated federal grant money is required to “be distributed ‘solely’ on the risk of terrorist activities” and not for any other reasons. Judge Kaplan pointed to the city’s history of terrorist bombings and attempted attacks in the past three decades, noting the geographic proximity to the World Trade Center attack on Sept. 11, 2001.

    **See litigation note above.**

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  5. Subsequent Trump and Court Action

    October 3, 2025

    2025.10.03 Trump Administration Reverses $187 Million in N.Y. Counterterrorism Cuts - New York Times

    The New York Times reports that the Trump Administration will restore $187 million in cuts it had made to law- enforcement funding. The reporting states that White House officials explained the cuts were made by DHS without approval of President Trump, who first learned of the cuts from Governor Kathy Hochul. President Trump posted on Truth Social to announce restoration of funding.

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