Washington State Sues DHS Over Canceled Funding for Migrant Support

Strategic Insights -

Washington State Attorney General Nick Brown filed a lawsuit against the U.S. Department of Homeland Security (DHS) for unlawfully canceling $4.2 million in congressionally approved funds intended to help the state support migrants awaiting asylum or immigration decisions. The funds were part of the Federal Emergency Management Agency (FEMA) Shelter and Services Program, which Congress created in 2019 to provide emergency shelter and services to noncitizen migrants. Despite the state's struggle to meet the needs of tens of thousands of migrants, DHS froze and later terminated the funding, prompting Brown to argue that the administration is violating the Constitution's separation of powers doctrine.

Key Takeaways:

  • Washington State applied for and was awarded $4.2 million in FEMA Shelter and Services Program funds to support migrants, but DHS unlawfully froze and terminated the funding.
  • The state's migrant population grew ten-fold from 4,156 in 2022 to 45,603 in 2024, straining local shelters and municipalities.
  • Congress created the Shelter and Services Program in 2019 to provide emergency shelter and services to noncitizen migrants.
  • DHS violated the Administrative Procedure Act by taking actions that are arbitrary, capricious, and contrary to law.
  • Brown argues that the administration cannot refuse to pay out funds already approved by Congress "simply because of policy objections."
  • The state's Attorney General serves the people and the state of Washington, providing legal representation to every state agency, board, and commission.
  • The Office also prosecutes elder abuse, Medicaid fraud, and handles sexually violent predator cases in 38 of Washington's 39 counties.

Statistics:

  • The number of noncitizen migrants present in Washington climbed ten-fold to 45,603 in 2024 from 4,156 in 2022.
  • The state's migrant population placed a strain on local shelters and municipalities, with most emergency shelters already filled each night.
  • The state appropriated $25 million for the Washington Migrant and Asylum-Seeker Support Project (WA MASS Project) to help newly arrived migrants meet their basic needs.
  • Congress provided funds to help states, local jurisdictions, and nonprofit organizations offer emergency food and shelter to noncitizen migrants after their release from DHS custody.

Sources:

  • Washington State Attorney General's Office
  • U.S. Department of Homeland Security
  • Federal Emergency Management Agency (FEMA)
  • Washington State News
  • Associated Press