Attorney General James Challenges Unlawful Conditions on Federal Transportation Funding

NEW YORK – New York Attorney General Letitia James and 19 other attorneys general today sued the U.S. Department of Transportation (DOT) for unlawfully conditioning billions of dollars in critical transportation funding on state cooperation with federal immigration enforcement. On April 24, Transportation Secretary Sean Duffy announced that DOT would cut off funding to any state that refuses to comply with the administration’s immigration agenda – a directive that threatens essential infrastructure projects nationwide. Attorney General James and the coalition argue that the administration’s attempt to tie federal transportation funds to immigration enforcement violates the constitutional separation of powers. The attorneys general are asking the court to block this unlawful attempt to coerce states into carrying out the president’s agenda in exchange for funds allocated by Congress.

“Once again, the administration is attempting to seize Congress’ power of the purse – this time at the expense of immigrant communities and vital infrastructure projects,” said Attorney General James. “DOT’s blatant overreach threatens to divert critical resources away from public safety and undermine projects that keep our communities connected and safe. We won’t allow the federal government to hold essential funding hostage to advance a political agenda.”

For over a century, Congress has provided federal funding to states to develop and maintain safe, reliable, and effective transportation infrastructure. Each year, state and local governments receive over $100 billion to build and maintain roads, highways, railways, airways, and bridges that connect communities and help residents travel to work and home. All of this funding is congressionally allocated, with no statutory immigration enforcement conditions attached.

Now, Attorney General James and the coalition allege that Secretary Duffy and DOT are attempting to seize control of federal funds by imposing an immigration enforcement condition on transportation funding, including funding intended to protect firefighters, repair roads and highways, and ensure safe air travel – funds that have no connection to civil immigration enforcement. The attorneys general contend that the directive has no legal basis and is unconstitutionally coercive, forcing states to choose between protecting public safety and receiving essential federal funding.

The attorneys general argue that DOT’s unlawful conditions put billions in federal funding necessary for vital public safety and reliable transportation projects at risk, including those that prevent injuries and deaths from traffic accidents, protect riders from train collisions, and help improve airport safety measures – a concern underscored by recent staffing and infrastructure issues at Newark Liberty International Airport that left thousands stranded and exposed critical vulnerabilities in the airport’s aging systems. Among the programs at risk due to this mandate are:

• Federal-Aid Highway Program, which allocates over $100 billion annually for highway maintenance, safety improvements, and bridge repairs;
• Federal Transit Administration’s grant programs, which sustain public transit systems that millions of Americans rely on;
• Federal Railroad Administration’s Rail Crossing Elimination Grant Program, which funds crucial safety upgrades to prevent accidents and fatalities; and
• Federal Aviation Administration’s Airport Improvement Program, which finances safety enhancements and infrastructure expansions at airports nationwide.

Without these funds, states will have to scale back or end several critical programs and projects. The attorneys general warn that without these funds, “more cars, planes, and trains will crash,” as vital safety projects are halted or delayed.

Attorney General James and the coalition contend that DOT is presenting states with an impossible choice. Either states forego the billions of dollars in congressionally allocated funds that keep their transportation systems running safely and smoothly, or they undermine their law-enforcement efforts by diverting resources to enforce federal immigration law. More critically, accepting these unlawful terms would destroy the trust that many states have worked hard to build between immigrant communities and law enforcement. The attorneys general emphasize that immigrants are less likely to report crimes if they fear local authorities may turn them over to federal immigration agents – a chilling effect that would jeopardize public safety.

New York receives more than $5 billion annually in DOT funding, including $2.8 billion in federal highway funds, $2.3 billion in public transportation funding, $215 million in rail improvement funding, $18.8 million in highway safety funding, and $8.7 million in airport improvement funding.

Attorney General James and the coalition argue recent aviation tragedies underscore the urgent need for federal transportation funding to support critical safety measures. On January 29, 2025, a mid-air collision between an American Airlines plane and a U.S. Army Black Hawk helicopter over the Potomac River claimed the lives of all 67 passengers aboard both aircraft. Days later, a regional airline flight crashed off the coast of Alaska, resulting in 10 fatalities. Similar incidents involving small aircraft have occurred in Arizona, Florida, Pennsylvania, and New York, illustrating the critical importance of maintaining funding for programs that prevent such disasters – funding now threatened by DOT’s unlawful directive.

The attorneys general argue that DOT’s directive was issued without congressional authorization, blatantly disregarding Congress’ intent in allocating transportation funding. The coalition asserts that the administration is unlawfully attempting to leverage federal funds to coerce states into implementing the president’s immigration agenda, which is unlawful.

Attorney General James and the coalition assert that this immigration enforcement mandate will have life-threatening impacts on nearly every aspect of the nation’s transportation infrastructure, from highways and railroads to airports and public transit systems. They are asking the court to prevent DOT from enforcing the new conditions and to ensure that federal transportation funds remain available to support infrastructure projects as Congress intended.

Joining Attorney General James in filing this lawsuit are the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Washington, Wisconsin, and Vermont.