Immigration Enforcement as a Condition of Federal Transportation Funds is Enjoined

Massachusetts joined with nineteen other states to seek injunctive relief against a requirement from the Secretary of Transportation that requires recipients of federal transportation grant funds to cooperate with federal officials in the enforcement of immigration law. On June 19^th, the Chief Judge of the District of Rhode Island issued a preliminary injunction barring enforcement of the Secretary’s order. The decision, in State of California v. United States Department of Transportation, C.A. No. 25-CV-208 (D.R.I.), found that the states had a reasonable likelihood of success and would suffer irreparable harm if not enjoined. Critically, the injunction applies not just to states but to municipalities as well. As a result, the Court ordered the following: 

1. Defendants are prohibited from implementing or enforcing the Immigration Enforcement Condition as set forth in Secretary Duffy’s directive.  

2. Defendants are prohibited from withholding or terminating federal funding based on the Immigration Enforcement Condition as set forth in the Duffy Directive absent specific statutory authorization.  

3. Defendants are prohibited from taking adverse action against any state entity or local jurisdiction, including barring it from receiving or making it ineligible for federal funding, based on the Immigration Enforcement Condition, absent specific statutory authorization. 

4. The Court forbids and enjoins any attempt to implement the Immigration Enforcement Condition, and any actions by the Defendants to implement or enforce the Immigration Enforcement Condition. 

As of this writing, the parties are in the midst of drafting their cross-motions for summary judgment.