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Courts

Trump Under Pressure From Battleground States in New Lawsuit Against FEMA and DHS

Eleven states and the governor of Kentucky filed a lawsuit this week over restrictions on disaster-relief grants.

Kristi Noem

Etienne Laurent/AP

By Christa Dutton

November 5, 2025 03:31 p.m.

Updated: November 5, 2025 03:31 p.m.

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North Carolina, Wisconsin, Maine, Arizona and Michigan are among a coalition of states suing the federal government over new restrictions on disaster-relief grants, increasing pressure on the Trump administration from battleground states.

Eleven states and the governor of Kentucky have filed a lawsuit this week against the Department of Homeland Security and the Federal Emergency Management Agency.

The lawsuit takes issue with two grants: the Emergency Management Performance Grant and the Homeland Security Grant Program. FEMA placed a hold on EMPG funding until states provide their population as of Sept. 30, 2025, and the plaintiffs argue that states do not keep such up-to-date census information. The federal agency also reduced the number of years that states must complete their grant activities to be reimbursed from three years to one.

“The shorter timeframe means North Carolina won’t be able to most effectively use all of the funding for state and local emergency management programs and public safety efforts,” a North Carolina Department of Justice news release said.

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In a statement to NOTUS, FEMA said it “implemented additional requirements on its grant programs” at the direction of DHS Secretary Kristi Noem.

“This is yet another example of a lawsuit trying to obstruct President Trump’s agenda and the will of the American people,” the statement said “They are part of a methodical, reasonable effort to ensure that federal dollars are used effectively and in line with the Administration’s priorities and today’s homeland security threats.”

The lawsuit alleges that the administration did not properly follow legally mandated procedures to put these additional burdens of information on the state. Much of the funds are already accounted for in states’ budgets, the lawsuit said. For example, in Wisconsin, the funds go toward the state incident-management team and statewide communications and warnings, and maintain the state emergency operations center, the lawsuit said.

“Our emergency management and first responder teams worked around the clock in the weeks following Hurricane Helene, and these funds were critical to their work,” North Carolina Attorney General Jeff Jackson said in a statement. “We’re in hurricane season right now, and without these funds, we’ll be left with fewer resources to help people during the next storm that hits North Carolina.”

The lawsuit is led by Michigan’s attorney general, Dana Nessel. Oregon, Colorado, Nevada, Maryland and New Mexico are also on the suit. Several of the Trump administration’s moves around FEMA have ended up in court. In September, another coalition of blue states successfully sued over the administration’s decision to withhold homeland security funds from blue states.

“The Trump Administration should be working with states to keep our residents safe,” Nessel said in a statement about the litigation. “Instead, the White House continues again and again to pull the rug out from under us, putting the safety of our communities in jeopardy.”

North Carolina lawmakers have expressed frustration in recent months with FEMA. Sen. Ted Budd placed a hold on all DHS nominees because of FEMA delays. But yesterday, Budd announced that he would lift at least one hold on the nominee for DHS general counsel, James Percival, once western North Carolina received the approved funds.

—
Editor’s note: This story was updated with additional reporting and to reflect the number of states on the lawsuit.
This story was produced as part of a partnership between NOTUS and The Assembly.

Author

AJI-Fellow2025_Christa Dutton.png Christa Dutton is a reporter at The Washington Sun and an Allbritton Journalism Institute fellow.

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