Case: State of Washington v. United States Department of Homeland Security

2:25-cv-01401 | U.S. District Court for the Western District of Washington

Filed Date: July 25, 2025

Case Ongoing

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Case Summary

This case is about the Trump Administration's termination of the Shelter and Services Program (SSP). After President Trump's second term began, he directed the U.S. Department of Homeland Security (DHS) to eliminate federal funding from "sanctuary jurisdictions" and terminate grants to organizations supporting "removable or illegal aliens." Following this directive, the Federal Emergency Management Agency (FEMA) reduced Washington's SSP grant award from over $4 million to zero on February 10, 2…

This case is about the Trump Administration's termination of the Shelter and Services Program (SSP). After President Trump's second term began, he directed the U.S. Department of Homeland Security (DHS) to eliminate federal funding from "sanctuary jurisdictions" and terminate grants to organizations supporting "removable or illegal aliens." Following this directive, the Federal Emergency Management Agency (FEMA) reduced Washington's SSP grant award from over $4 million to zero on February 10, 2025. This was followed by a notice of alleged noncompliance on March 11, 2025, and a final official termination of the grant on April 1, 2025, citing a new DHS policy that providing aid to migrants was inconsistent with the agency's current priorities. 

On July 25, 2025, the State of Washington filed this lawsuit in the U.S. District Court for the Western District of Washington against DHS, FEMA, and their respective agency heads. Judge Barbara J. Rothstein was assigned to the case. Plaintiffs argued that defendants illegally and unconstitutionally terminated the SSP grant and brought claims under the:

  1. Separation of Powers Doctrine - contending that defendants effectively nullified a congressionally created and funded program,
  2. Spending Clause - asserting that defendants’ actions undermined the purpose for which Congress had appropriated funds,
  3. Administrative Procedure Act -  claiming that the termination was arbitrary and capricious, as defendants issued a “sham” notice of non-compliance and failed to provide a reasoned explanation for their decision, and
  4. Ultra Vires - claiming the defendants exceeded their legal authority in terminating a program specifically established by Congress.

Represented by the Office of the Attorney General of the State of Washington, plaintiffs sought declaratory relief and injunctive relief to set aside the defendants' actions and restore the Shelter and Services Program (SSP) so that the state can continue to provide shelter and services to immigrants.

The court ordered the parties file a joint status report and discovery plan by September 22, 2025. On September 16, 2025 the parties filed a stipulated motion and proposed order setting a new schedule briefing and hearing schedule and asking that the case be resolved through briefing cross-motions for summary judgment. The proposed schedule set a deadline of December 18, 2025 for plaintiffs to file their motion for summary judgment. The court signed the proposed order.

On September 22, 2025 plaintiffs filed an amendment complaint with the same allegations, adding in allegations about Secretary Kristi Noem directing DHS components to place “on hold pending review” grant programs that “touch in any way on immigration,” out of  “concern” these programs were funding “illegal activities,” like “inducing” or “harboring . . . illegal aliens.” See Secretary Noem, Memorandum for Component and Office Heads (Jan. 28, 2025). Secretary Noem, however, ordered a hold on all funds administered under the Shelter and Services Program, finding that no review of these programs was necessary prior to cutting funding.

This case is ongoing. 

Summary Authors

Victoria Tan (8/6/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70917556/parties/state-of-washington-v-united-states-department-of-homeland-security/


Judge(s)

Rothstein, Barbara Jacobs (Washington)

Attorney for Plaintiff

Nelson, Emily C (Washington)

Seel, Benjamin M. (Washington)

Attorney for Defendant

Carney, Tiffiney (Washington)

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Documents in the Clearinghouse

Document
1

2:25-cv-01401

Complaint for Declaratory and Injunctive Relief

State of Washington v. U.S. Department of Homeland Security

July 25, 2025

July 25, 2025

Complaint
9

2:25-cv-01401

Joint Status Report Order Form for District Judges

Aug. 11, 2025

Aug. 11, 2025

11

2:25-cv-01401

Stipulated Motion

Sept. 16, 2025

Sept. 16, 2025

15

2:25-cv-01401

First Amended Complaint for Declaratory and Injunctive Relief

State of Washington v. United States Department of Homeland Security et al.

Sept. 22, 2025

Sept. 22, 2025

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70917556/state-of-washington-v-united-states-department-of-homeland-security/

Last updated Nov. 6, 2025, 1:46 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Receipt # AWAWDC-9090889) filed by State of Washington. (Attachments: # 1 Civil Cover Sheet)(Seel, Benjamin) (Entered: 07/25/2025)

1 Civil Cover Sheet

View on PACER

July 25, 2025

July 25, 2025

Clearinghouse
2

NOTICE of Appearance by attorney Benjamin M. Seel on behalf of Plaintiff State of Washington. (Seel, Benjamin) (Entered: 07/25/2025)

July 25, 2025

July 25, 2025

3

NOTICE of Appearance by attorney Emily C Nelson on behalf of Plaintiff State of Washington. (Nelson, Emily) (Entered: 07/25/2025)

July 25, 2025

July 25, 2025

4

PRAECIPE TO ISSUE SUMMONS by Plaintiff State of Washington (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Seel, Benjamin) (Entered: 07/25/2025)

July 25, 2025

July 25, 2025

Add and Terminate Judges

July 25, 2025

July 25, 2025

Judge Barbara J. Rothstein added. (PS)

July 25, 2025

July 25, 2025

5

STANDING ORDER FOR ALL CIVIL CASES by Judge Barbara J. Rothstein. The procedures in this Order supplement, and in some cases, supersede the local rules. The parties are responsible for being familiar with the procedures in this Order. Failure to comply with the procedures may result in sanctions. (NAW) (Entered: 07/28/2025)

July 28, 2025

July 28, 2025

6

Summons(es) Electronically Issued as to defendant(s) Kristi Noem, David Richardson, United States Department of Homeland Security and the Federal Emergency Management Agency (HH) Modified on 7/29/2025 add text regarding all parties issued summonses (CDA). (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

7

CERTIFICATE OF SERVICE by Plaintiff State of Washington (Seel, Benjamin) (Entered: 07/31/2025)

July 31, 2025

July 31, 2025

8

NOTICE of Appearance by attorney Tiffiney Carney on behalf of Defendants Federal Emergency Management Agency, Kristi Noem, David Richardson, United States Department of Homeland Security. (Carney, Tiffiney) (Entered: 08/07/2025)

Aug. 7, 2025

Aug. 7, 2025

9

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT FRCP 26(f) Conference Deadline is 9/8/2025, Initial Disclosure Deadline is 9/15/2025, Joint Status Report due by 9/22/2025. Signed by Judge Barbara J. Rothstein. (NAW) (Entered: 08/11/2025)

Aug. 11, 2025

Aug. 11, 2025

Clearinghouse
10

Notice of Appearance

Sept. 3, 2025

Sept. 3, 2025

11

Stipulated Motion

1 Proposed Order

View on PACER

Sept. 16, 2025

Sept. 16, 2025

Clearinghouse
12

Order on Stipulated Motion AND ~Util - Set/Reset Deadlines

Sept. 17, 2025

Sept. 17, 2025

13

Leave

Sept. 19, 2025

Sept. 19, 2025

14

Order on Motion for Leave

Sept. 22, 2025

Sept. 22, 2025

15

Amended Complaint

Sept. 22, 2025

Sept. 22, 2025

Clearinghouse

Case Details

State / Territory:

Washington

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: July 25, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

State of Washington

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security (- United States (national) -), Federal

Federal Emergency Management Agency (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Separation of Powers

Spending/Appropriations Clauses

Other Dockets:

Western District of Washington 2:25-cv-01401

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Public assistance grants