NYC judge stops Trump cuts to anti-terrorism funding

MANHATTAN (CN) — Thwarting the Trump administration’s attempt to slash nearly $34 million in anti-terrorism funds for New York City, a federal judge on Thursday ordered the federal government to “promptly disburse” the grant aimed at the city’s Metropolitan Transportation Authority.

Senior U.S. District Judge Lewis Kaplan granted a permanent injunction blocking the Department of Homeland Security’s decision to kill millions in federal funding under FEMA’s Transit Security Grant Program, which Congress established in response to the Sept. 11, 2001, terrorist attacks.

Those funds, Kaplan wrote, must be awarded solely based on risk — and accordingly, until this year, New York City’s MTA has consistently received the largest grants in the program.

But the Trump administration’s decision to divert funds away from New York came with a different motive: “It did so, it now says, because New York City is a ‘sanctuary city’ — not in any respect because it is not a terrorist target," Kaplan wrote in a 28-page opinion.

“That is money that the MTA needs to help protect the people who every day ride the MTA’s subways, commuter trains and buses and who use its bridges and tunnels against terrorist attacks,” the Bill Clinton appointee added.

“Having considered all of the evidence, this court now holds that the withholding of these funds is arbitrary, capricious and a blatant violation of the law.”

The ruling extends the temporary restraining order Kaplan granted earlier this month in response to an emergency motion filed by New York state, which says DHS and FEMA ignored its “profound reliance interests in critical anti-terrorism federal funding.”

Kaplan noted that 3,000 people died blocks away from the Southern District of New York courthouse during the 9/11 attacks.

“In the decades since, New York City has remained a prime target for terrorist attacks,” Kaplan wrote — in that time, the subways alone have been the subject of at least eight terrorist plots, according to city law enforcement.

In a joint statement, New York Attorney General Letitia James and Governor Kathy Hochul concurred that federal anti-terrorism funding is critical to protect New Yorkers who ride public transit.

“A court has once again affirmed that this administration cannot punish New York by arbitrarily wiping out critical security resources and defunding law enforcement that keeps riders safe. We will always fight to ensure that New York gets the resources we need to support our law enforcement and keep people safe,” the state officials said.

Hochul reiterated her will to fight at a press conference Thursday afternoon.

“Anyone who undermines our efforts to protect our people is in for one hell of a fight," the governor said, adding that DHS Secretary Kristi Noem was “learning that lesson … She’s learning it the hard way."

After hearing about Trump’s attempts to block not only the MTA funding, but another since-restored $187 million for New York’s law enforcement and counterterrorism operations, Hochul said she called President Donald Trump directly.

“We spoke as New Yorkers,” Hochul said. “I reminded him how important the memory of 9/11 is."

The Trump administration in July sued New York City, Mayor Eric Adams and top law enforcement officials, claiming the city’s sanctuary city policies are preempted by federal law.

That case, filed in the Eastern District of New York, has been stayed due to the ongoing federal government shutdown.

When asked for comment on Thursday’s ruling, a spokesperson for DHS sent a statement to Courthouse News denouncing sanctuary city policies.

“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,” the spokesperson said.

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