The Steady Drip: Trump Admin Withholding FEMA Funds From ‘Sanctuary’ States Is Illegal, Federal Judge Rules (Connecting the Dots: Judge William E. Smith, Georgetown University, Mark Milley, Georgetown University School of Foreign Service, Federal Emergency Management Agency (FEMA), The Department of Homeland Security (DHS), The Chertoff Group, The Atlantic Council of the United States & Soros Funding, All Networking)

Trump Admin Withholding FEMA Funds From ‘Sanctuary’ States Is Illegal, Federal Judge Rules (Connecting the Dots: Judge William E. Smith, Georgetown University, Mark Milley, Georgetown University School of Foreign Service, Federal Emergency Management Agency (FEMA), The Department of Homeland Security (DHS), The Chertoff Group, The Atlantic Council of the United States & Soros Funding, All Networking)

The judge ruled that the restrictions on funding are ‘arbitrary and capricious’ and violate the Constitution’s spending clause.

The Epoch Times

Arjun Singh

9/24/2025|Updated: 9/25/2025

People walk past a Federal Emergency Management Agency sign following a news conference at the Altadena Disaster Recovery Center in Altadena, Calif., following the Eaton fire on Jan. 30, 2025. Mario Tama/Getty Images

https://www.theepochtimes.com/us/trump-admin-withholding-fema-funds-from-sanctuary-states-is-illegal-federal-judge-rules-5919837?ea_src=frontpage&ea_med=section-2

A district court on Sept. 24 blocked the Trump administration’s policy of withholding emergency grant funds from so-called sanctuary jurisdictions that have been refusing to cooperate with federal immigration law enforcement.

The lawsuit, Illinois v. Federal Emergency Management Agency (FEMA), is being heard in the U.S. District Court for the District of Rhode Island.

Twenty states in May sued the federal government to have grant funds, disbursed by FEMA, restored to them after President Donald Trump issued an executive order on Jan. 20 that, among other things, directed the withholding of federal funds from states that refuse to cooperate with Immigration and Customs Enforcement in the removal of illegal immigrants.

The states sought a motion for “summary judgment” from the court, which would resolve the case in their favor without a full bench trial and which is usually granted when a party’s claims are clear and convincing on their face. That motion was granted by the court, which means that the administration’s FEMA funding restrictions have been deemed illegal and void.

“Defendants’ arguments ... are all without merit,” District Judge William E. Smith wrote in the order granting summary judgment. On the merits, the court ruled that the Trump administration’s actions were “arbitrary and capricious” under the Administrative Procedure Act and that they violated the Constitution’s spending clause.

“[The Department of Homeland Security] engaged in a wholly under-reasoned and arbitrary process. ... [There was no] actual explanation of why it is necessary to attach sweeping immigration conditions to all the grants at issue,” Smith wrote. The Department of Homeland Security (DHS) is FEMA’s parent agency.

On the constitutional issues, Smith ruled that because “the grants at issue fund programs such as disaster relief, fire safety, dam safety, and emergency preparedness,” any immigration-related conditions did not “advance the purpose” of the funding and could not be tailored to them, as required by spending clause case law.

The decision is a victory for the 20 states, all represented by Democratic attorneys general, that have opposed the administration’s policy of mass deportations of illegal immigrants, with the prioritization of those with a criminal record. States, as sovereign entities, cannot be forced by the federal government to cooperate with Immigration and Customs Enforcement, and the Trump administration has sought to induce that cooperation to support its removal plans.

“We just won our lawsuit against [DHS] after a judge ruled the department can’t hold life-saving disaster relief funds hostage to advance its anti-immigration efforts,” New York Attorney General Letitia James, one of the parties to the case, wrote on social media.

“The federal government cannot prioritize its cruel immigration agenda over Americans’ safety.”

Assistant DHS Secretary Tricia McLaughlin told The Epoch Times in a statement: “Cities and states who break the law and prevent us from arresting criminal illegal aliens should not receive federal funding.

“The President has been clear on that. Under [DHS] Secretary [Kristi] Noem’s leadership, DHS is working to end violations of federal immigration law and remove criminal illegal aliens from American communities.

“Radical sanctuary politicians need to put the safety of the American people first—not criminal illegal aliens. The Trump Administration is committed to restoring the rule of law. No lawsuit, not this one or any other, is going to stop us from doing that.”

William E. Smith (judge)

Senior Judge of the United States District Court for the District of Rhode Island

https://en.wikipedia.org/wiki/William_E._Smith_(judge)

Background

Smith received his Bachelor of Arts degree from Georgetown University in 1982 and his Juris Doctor cum laude from Georgetown University Law Center in 1987.

He was in private practice in Providence, Rhode Island, from 1987 until 2000. From 1993 until 1998, he was also a part-time judge in the town of West Warwick. Smith was the staff director of the Rhode Island office of United States Senator Lincoln Chafee from 2000 until 2001. From 2001 to 2002, he returned to private practice in Providence.

From 2001 to 2002, Smith was an adjunct professor at Providence College. He currently^[when?] teaches as an adjunct professor at Roger Williams University School of Law.

Connecting the Dots:

Judge William E. Smith is a senior United States district judge of the United States District Court for the District of Rhode Island and received his Bachelor of Arts degree from Georgetown University.

Mark Milley is a distinguished Fellow in Residence at the Georgetown University School of Foreign Service and served as the Chairman of the Joint Chiefs of Staff from 2019 to 2023 and is a director at the Atlantic Council of the United States (think tank).

Edmund P. Giambastiani Jr. was the vice chairman for the Joint Chiefs of Staff, a U.S. Navy admiral and is a director at the Atlantic Council of the United States (think tank).

Joseph W. Ralston was the vice chairman for the Joint Chiefs of Staff, a U.S. Air Force general and is a director at the Atlantic Council of the United States (think tank).

Colin L. Powell was the chairman for the Joint Chiefs of Staff and an honorary director at the Atlantic Council of the United States (think tank).

Open Society Foundations was a funder for the Atlantic Council of the United States (think tank).

George Soros is the founder & chairman for the Open Society Foundations and was the chairman for the Foundation to Promote Open Society.

Foundation to Promote Open Society was a funder for the Aspen Institute (think tank).

Madeleine K. Albright was a director at the Atlantic Council of the United States (think tank), a professor at Georgetown University, a professor at the Georgetown University School of Foreign Service and a trustee at the Aspen Institute (think tank).

James S. Crown is a trustee at the Aspen Institute (think tank), Lester Crown’s son and a member of the Commercial Club of Chicago.

Lester Crown was a lifetime trustee at the Aspen Institute (think tank), is James S. Crown’s father and a member of the Commercial Club of Chicago.

Robert S. Osborne is a member of the Commercial Club of Chicago and was the EVP & general counsel for Booz Allen Hamilton.

Booz Allen Hamilton is an Obamacare contractor.

Nathaniel T.G. Fogg was a management consultant for Booz Allen Hamilton, a managing director for the Chertoff Group and the deputy COO for the Federal Emergency Management Agency (FEMA).

Debbie Eng is a managing director for the Chertoff Group and was a senior adviser to the secretary for the Federal Emergency Management Agency (FEMA).

Michael Chertoff is a co-founder & chairman for the Chertoff Group and the chairman for BAE Systems Inc.

Lee H. Hamilton is a director at BAE Systems Inc., a co-chair for the Independent Task Force on Immigration and America's Future and an honorary trustee at the Brookings Institution (think tank).

Foundation to Promote Open Society was a funder for the Brookings Institution (think tank).

George Soros was the chairman for the Foundation to Promote Open Society

Suzanne Nora Johnson was a trustee at the Brookings Institution (think tank) and a governor for the American Red Cross.

International Federation of Red Cross and Red Crescent Societies is a member of the American Red Cross.

Bloomberg Family Foundation was a funder for the International Federation of Red Cross and Red Crescent Societies and the Aspen Institute (think tank).

Foundation to Promote Open Society was a funder for the Aspen Institute (think tank).

George Soros was the chairman for the Foundation to Promote Open Society and is the founder & chairman for the Open Society Foundations.

Open Society Foundations was a funder for the Atlantic Council of the United States (think tank).

Madeleine K. Albright was a trustee at the Aspen Institute (think tank), a professor at Georgetown University and a director at the Atlantic Council of the United States (think tank).

Edmund P. Giambastiani Jr. is a director at the Atlantic Council of the United States (think tank), a U.S. Navy admiral and was the vice chairman for the Joint Chiefs of Staff.

Joseph W. Ralston is a director at the Atlantic Council of the United States (think tank), a U.S. Air Force general and was the vice chairman for the Joint Chiefs of Staff.

Colin L. Powell was the chairman for the Joint Chiefs of Staff and an honorary director at the Atlantic Council of the United States (think tank).

Mark Milley served as the Chairman of the Joint Chiefs of Staff from 2019 to 2023, is a director at the Atlantic Council of the United States (think tank) and a distinguished Fellow in Residence at the Georgetown University School of Foreign Service.

Madeleine K. Albright was a director at the Atlantic Council of the United States (think tank), a professor at the Georgetown University School of Foreign Service and a professor at Georgetown University.

Mikie Sherrill In the summer of 2007, while earning her Juris Doctor degree from Georgetown University Law Center, Sherrill was a summer associate at Kirkland & Ellis.

David F. Hamilton was a summer intern at Kirkland & Ellis LLP and is Lee H. Hamilton’s nephew.

Lee H. Hamilton is David F. Hamilton’s uncle, a co-chair for the Independent Task Force on Immigration and America's Future, a director at BAE Systems Inc. and an honorary trustee at the Brookings Institution (think tank).

Foundation to Promote Open Society was a funder for the Brookings Institution (think tank).

George Soros was the chairman for the Foundation to Promote Open Society.

Michael Chertoff is the chairman for BAE Systems Inc., a co-founder & chairman for the Chertoff Group and was the secretary for the U.S. Department of Homeland Security.

Charles E. Allen is a principal at the Chertoff Group and was the undersecretary for the U.S. Department of Homeland Security.

Jay M. Cohen is a principal at the Chertoff Group and was the undersecretary for science & technology for the U.S. Department of Homeland Security.

Debbie Eng is a senior director at the Chertoff Group and was an associate executive secretary for the U.S. Department of Homeland Security.

Katy Montgomery is a senior director at the Chertoff Group and was the deputy assistant secretary for the U.S. Department of Homeland Security.

Paul A. Schneider is a principal at the Chertoff Group and was the deputy secretary for the U.S. Department of Homeland Security.

Chad C. Sweet is the co-founder & CEO for the Chertoff Group and was the chief of staff for the U.S. Department of Homeland Security.

Federal Emergency Management Agency (FEMA) is a division of the U.S. Department of Homeland Security.

Debbie Eng is a managing director for the Chertoff Group and was a senior adviser to the secretary for the Federal Emergency Management Agency (FEMA).

Nathaniel T.G. Fogg was a managing director for the Chertoff Group. the deputy COO for the Federal Emergency Management Agency (FEMA) and a management consultant for Booz Allen Hamilton.

Booz Allen Hamilton is an Obamacare contractor.

Robert S. Osborne was the EVP & general counsel for Booz Allen Hamilton and is a member of the Commercial Club of Chicago.

James S. Crown is a member of the Commercial Club of Chicago, a trustee at the Aspen Institute (think tank) and Lester Crown’s son.

Lester Crown is a member of the Commercial Club of Chicago, James S. Crown’s father and was a lifetime trustee at the Aspen Institute (think tank).

Madeleine K. Albright was a trustee at the Aspen Institute (think tank), a professor at Georgetown University, a professor at the Georgetown University School of Foreign Service and a director at the Atlantic Council of the United States (think tank).

Judge William E. Smith received his Bachelor of Arts degree from Georgetown University and is a senior United States district judge of the United States District Court for the District of Rhode Island.

Mark Milley is a director at the Atlantic Council of the United States (think tank), a distinguished Fellow in Residence at the Georgetown University School of Foreign Service and served as the Chairman of the Joint Chiefs of Staff from 2019 to 2023.

Edmund P. Giambastiani Jr. was the vice chairman for the Joint Chiefs of Staff, a U.S. Navy admiral and is a director at the Atlantic Council of the United States (think tank).

Joseph W. Ralston was the vice chairman for the Joint Chiefs of Staff, a U.S. Air Force general and is a director at the Atlantic Council of the United States (think tank).

Colin L. Powell was the chairman for the Joint Chiefs of Staff and an honorary director at the Atlantic Council of the United States (think tank).

Open Society Foundations was a funder for the Atlantic Council of the United States (think tank).

George Soros is the founder & chairman for the Open Society Foundations and was the chairman for the Foundation to Promote Open Society.

Foundation to Promote Open Society was a funder for the Aspen Institute (think tank).

Bloomberg Family Foundation was a funder for the Aspen Institute (think tank) and the International Federation of Red Cross and Red Crescent Societies.

International Federation of Red Cross and Red Crescent Societies is a member of the American Red Cross.

Suzanne Nora Johnson was a governor for the American Red Cross and a trustee at the Brookings Institution (think tank).

Foundation to Promote Open Society was a funder for the Brookings Institution (think tank).

George Soros was the chairman for the Foundation to Promote Open Society.

Lee H. Hamilton is an honorary trustee at the Brookings Institution (think tank), a co-chair for the Independent Task Force on Immigration and America's Future and a director at BAE Systems Inc.