Federal judge blocks immigration enforcement conditions on transportation funding

The U.S. District Court for the District of Rhode Island has issued a preliminary injunction preventing the U.S. Department of Transportation from making immigration enforcement a condition for receipt of federal transportation funding.

The preliminary injunction, issued on June 19 in the case California v. U.S. DOT, protects funding for the 20 states that brought the suit, including Massachusetts, as well as the local governments in those states.

The suit came in response to a “Follow the Law” letter (commonly referred to as the “Duffy Directive”) from the USDOT in April indicating that states and jurisdictions could lose federal funds for roads, bridges and other infrastructure projects if they defy Trump administration directives, including immigration enforcement efforts.

The states’ lawsuit, filed last month, alleges that the conditions are beyond the USDOT’s legal authority.
For the plaintiff states, and their municipalities, the injunction prohibits the USDOT from:

• Implementing or enforcing the Immigration Enforcement Condition as set forth in the Duffy Directive

• Withholding or terminating federal funding based on the Immigration Enforcement Condition as set forth in the Duffy Directive, absent specific statutory authorization

• 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