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

Clearinghouse coding complete

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, 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:

Separation of Powers Doctrine - contending that defendants effectively nullified a congressionally created and funded program,
Spending Clause - asserting that defendants’ actions undermined the purpose for which Congress had appropriated funds,
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
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, 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)

Maddy Ligon (10/20/2025)

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)

Tye, Michael (Washington)

Judge(s)

Rothstein, Barbara Jacobs (Washington)

Attorney for Plaintiff

Nelson, Emily C (Washington)

Seel, Benjamin M. (Washington)

Attorney for Defendant

Carney, Tiffiney (Washington)

Tye, Michael (Washington)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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	Order Regarding Initial Disclosures, Joint Status Report, And Early Settlement State of Washington v. U.S. Department of Homeland Security et al.	Aug. 11, 2025	Aug. 11, 2025 Order/Opinion
11 2:25-cv-01401	Joint Stipulation and Proposed Case Plan State of Washington v. U.S. Department of Homeland Security et al.	Sept. 16, 2025	Sept. 16, 2025 Pleading / Motion / Brief
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

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
EO 14159 - Protecting the American People Against Invasion President Donald Trump	Declaring that it is the policy of the United States to execute immigration laws against all inadmissible and removable noncitizens and to achieve the total and efficient enforcement of those laws, i…	Jan. 20, 2025	Jan. 20, 2025 https://www.federalregister.gov/...

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Docket

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

Last updated July 22, 2026, 4:07 a.m.

ECF Number	Date	Description	Link
1	July 25, 2025	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	Clearinghouse
2	July 25, 2025	NOTICE of Appearance by attorney Benjamin M. Seel on behalf of Plaintiff State of Washington. (Seel, Benjamin) (Entered: 07/25/2025)	RECAP
3	July 25, 2025	NOTICE of Appearance by attorney Emily C Nelson on behalf of Plaintiff State of Washington. (Nelson, Emily) (Entered: 07/25/2025)	RECAP
4	July 25, 2025	PRAECIPE TO ISSUE SUMMONS by Plaintiff State of Washington (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Seel, Benjamin) (Entered: 07/25/2025)	RECAP
	July 25, 2025	Judge Barbara J. Rothstein added. (PS)
	July 25, 2025	Judge Barbara J. Rothstein added. (PS)
5	July 28, 2025	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)	RECAP
6	July 29, 2025	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)	RECAP
7	July 31, 2025	CERTIFICATE OF SERVICE by Plaintiff State of Washington (Seel, Benjamin) (Entered: 07/31/2025)	RECAP
8	Aug. 7, 2025	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)	RECAP
9	Aug. 11, 2025	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)	Clearinghouse
10	Sept. 3, 2025	NOTICE of Appearance by attorney Michael Tye on behalf of Defendants Federal Emergency Management Agency, Kristi Noem, David Richardson, United States Department of Homeland Security. (Tye, Michael) (Entered: 09/03/2025)	RECAP
11	Sept. 16, 2025	Joint Stipulated MOTION and Proposed Case Plan, filed by Plaintiff State of Washington. (Attachments: # 1 Proposed Order)(Seel, Benjamin) (Entered: 09/16/2025) 1 Proposed Order View on PACER	Clearinghouse
12	Sept. 17, 2025	ORDER granting the Parties' 11 Joint Stipulated Motion and Proposed Case Plan. 1. The parties stipulate that the $4,039,516 funds awarded by FEMA to the State of Washington under the Shelter and Services Program may not be obligated to another entity or potential grantee, and those funds will remain available through 9/30/2029, to satisfy obligations, if any, to Washington under its grant. For this reason, Washington has agreed not to seek a preliminary injunction, though it reserves its right to do so, should the status of the FY 2024 SSP funds change. 2. Defendants to file Administrative Record by 11/18/2025, Plaintiff to file Motion for Summary Judgment by 12/18/2025, Defendants to file Cross-Motion for Summary Judgment and Opposition to Plaintiffs Motion for Summary Judgment by 2/5/2026, Plaintiff to file Opposition to Defendants Cross-Motion for Summary Judgment and Reply in Support of Motion for Summary Judgment by 3/5/2026, Defendants file Reply in Support of Cross-Motion for Summary Judgment by 3/19/2026, Oral argument TBD. 3.On or before 9/19/2025, Plaintiff shall file an unopposed motion for leave to file an amended complaint, consistent with the Court's Local Rules. (See Order for further details.) Signed by Judge Barbara J. Rothstein.(CJS) (Entered: 09/17/2025)	RECAP
13	Sept. 19, 2025	Unopposed MOTION for Leave to Amend the Complaint, filed by Plaintiff State of Washington. (Attachments: # 1 Amended Complaint Exhibit A, # 2 Proposed Order Granting Unopposed Motion for Leave to Amend the Complaint)(Seel, Benjamin) (Entered: 09/19/2025)	RECAP
14	Sept. 22, 2025	ORDER granting Plaintiff's 13 Unopposed Motion for Leave to Amend the Complaint. Signed by Judge Barbara J. Rothstein.(CJS) (Entered: 09/22/2025)	RECAP
15	Sept. 22, 2025	AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants filed by State of Washington.(Seel, Benjamin) (Entered: 09/22/2025)	Clearinghouse
16	Nov. 14, 2025	Stipulated MOTION to Amend Case Plan, filed by All Defendants. (Attachments: # 1 Proposed Order)(Tye, Michael) (Entered: 11/14/2025)	RECAP
17	Nov. 14, 2025	ORDER granting the Parties' 16 Stipulated Motion to Amend Case Plan. Defendants to file Administrative Record by 11/21/2025. Plaintiff's Motion for Summary Judgment due by 12/19/2025. Defendants' Cross Motions for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment due by 2/5/2026. Plaintiff's Opposition to Defendants' Cross-Motion for Summary Judgment and Reply in Support of Motion for Summary Judgment due by 3/5/2026. Defendants' Reply in Support of Cross-Motion for Summary Judgment due by 3/19/2026. Oral argument at the Court's discretion. Signed by Judge Barbara J. Rothstein.(CJS) (Entered: 11/14/2025)	RECAP
18	Nov. 21, 2025	ADMINISTRATIVE RECORD filed by All Defendants. (Attachments: # 1 Certification of Index and Administrative Record, # 2 FEMA AR Doc. 1, # 3 FEMA AR Doc. 2, # 4 FEMA AR Doc. 3, # 5 FEMA AR Doc. 4, # 6 FEMA AR Doc. 5, # 7 FEMA AR Doc. 6, # 8 FEMA AR Doc. 7, # 9 FEMA AR Doc. 8, # 10 FEMA AR Doc. 9, # 11 FEMA AR Doc. 10, # 12 FEMA AR Doc. 11, # 13 FEMA AR Doc. 12, # 14 FEMA AR Doc. 13, # 15 FEMA AR Doc. 14, # 16 FEMA AR Doc. 15, # 17 FEMA AR Doc. 16, # 18 FEMA AR Doc. 17, # 19 FEMA AR Doc. 18, # 20 FEMA AR Doc. 19)(Carney, Tiffiney) (Entered: 11/21/2025)	RECAP
19	Dec. 17, 2025	ADMINISTRATIVE RECORD Supplement to Administrative Record filed by All Defendants. (Attachments: # 1 Certification of Supplemental Index to the Administrative Record, # 2 FEMA Doc. No. 20)(Carney, Tiffiney) (Entered: 12/17/2025)	RECAP
20	Dec. 19, 2025	MOTION for Summary Judgment, filed by Plaintiff State of Washington. (Attachments: # 1 Proposed Order) Noting Date 3/19/2026, (Seel, Benjamin) (Entered: 12/19/2025) 1 Proposed Order View on PACER	RECAP
21	Dec. 19, 2025	DECLARATION of Benjamin Seel filed by Plaintiff State of Washington re 20 MOTION for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Seel, Benjamin) (Entered: 12/19/2025) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER	RECAP
22	Dec. 19, 2025	DECLARATION of Sarah K. Peterson filed by Plaintiff State of Washington re 20 MOTION for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Seel, Benjamin) (Entered: 12/19/2025) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER	RECAP
23	Dec. 19, 2025	DECLARATION of Dr. Sandra Valenciano filed by Plaintiff State of Washington re 20 MOTION for Summary Judgment (Seel, Benjamin) (Entered: 12/19/2025)	RECAP
24	Feb. 5, 2026	CROSS MOTION AND RESPONSE re 20 MOTION for Summary Judgment, filed by All Defendants. (Attachments: # 1 Proposed Order Granting Defendants' Cross Motion for Summary Judgment)(Carney, Tiffiney) (Entered: 02/05/2026)	RECAP
25	March 3, 2026	Unopposed MOTION to Stay Case Deadlines for 30 Days or Until Appropriation Lapse Ends, filed by All Defendants. (Attachments: # 1 Proposed Order)(Carney, Tiffiney) (Entered: 03/03/2026) 1 Proposed Order View on PACER	RECAP
26	March 3, 2026	ORDER granting the Parties' 25 Motion to Stay Case Deadlines for 30 Days or Until Appropriation Lapse Ends. Status Report due by 4/6/2026. Signed by Judge Barbara J. Rothstein.(CJS) (Entered: 03/03/2026)	RECAP
27	April 6, 2026	NOTICE of Resumed Summary Judgment Briefing Schedule re 26 Order on Motion to Stay, Case Stayed, Set Deadlines, Set Motion and R&R Deadlines/Hearings ; filed by All Defendants. (Carney, Tiffiney) (Entered: 04/06/2026)	RECAP
	April 7, 2026	Set/Clear Flags (Private, court users only) AND Set/Reset Motion and R&R Deadlines/Hearings
	April 7, 2026	Set/Reset Motion and R&R Deadlines re 27 NOTICE of Resumed Summary Judgment Briefing Schedule. Plaintiff's Reply due 4/14/2026 as to 20 MOTION for Summary Judgment. Plaintiff's Response due by 4/14/2026, Defendants' Reply due by 4/28/2026 as to 24 CROSS MOTION AND RESPONSE.**Set/Clear Flags: cleared STAYED flag. Per 26 Order. (CJS)
28	April 10, 2026	Plaintiff's Opposition to Defendants' Cross Motion for Summary Judgment and Reply in Support of Its Motion for Summary Judgment BRIEF re 20 MOTION for Summary Judgment, 24 CROSS MOTION AND RESPONSE re 20 MOTION for Summary Judgment by All Plaintiffs (Seel, Benjamin) (Entered: 04/10/2026)	RECAP
29	April 28, 2026	REPLY, filed by All Defendants, TO RESPONSE to 24 CROSS MOTION AND RESPONSE re 20 MOTION for Summary Judgment (Carney, Tiffiney) (Entered: 04/28/2026)	RECAP
30	May 18, 2026	NOTICE of Supplemental Authority by All Defendants (Carney, Tiffiney) (Entered: 05/18/2026)	RECAP
31	May 18, 2026	EXHIBIT to Notice of Supplemental Authority by All Defendants (Carney, Tiffiney) (Entered: 05/18/2026)	RECAP
32	May 25, 2026	AMENDED COMPLAINT Corrected against defendant(s) State of Washington filed by State of Washington. (Attachments: # 1 Exhibit FY 2024 SSP-C NOFO, # 2 Exhibit FY 2024 SSP-C Grant Application, # 3 Exhibit FY2024 SSP-C Application Worksheet (Tab 5), # 4 Exhibit FY 2024 SSP-C Award Package, # 5 Exhibit 2025.01.28 Noem Memo, # 6 Exhibit 2025.02.14 FEMA Grant Processing Guidance, # 7 Exhibit 2025.02.19 Noem Memo, # 8 Exhibit 2025.03.25 Noem Decision Memo, # 9 Exhibit 2025.03.11 FEMA SSP Noncompliance Letter, # 10 Exhibit 2025.04.01 FEMA SSP Termination Notice, # 11 Exhibit 2025.04.23 DSHS SSP Objection Letter, # 12 Exhibit 2025.07.28 DSHS Objection Letter, # 13 Exhibit 2025.08.20 FEMA Appeal Denial, # 14 Exhibit 2025.09.11_FEMA Admin Closeout Notification)(Seel, Benjamin) (Entered: 05/25/2026)	RECAP
33	May 26, 2026	ORDER granting in part Plaintiff's 20 Motion for Summary Judgment and denying Defendants' 24 Cross-Motion for Summary Judgment. The Court GRANTS Washington's motion for summary judgment as to its APA claims that the SSP Termination Policy is contrary to law and arbitrary and capricious and DENIES Defendants' cross-motion as to those claims. The Court SETS ASIDE, as applied to Washington, the SSP Termination Policy and Defendants' termination of Washington's SSP award pursuant to that policy. Washington may submit reimbursement requests under its SSP award, and Defendants may not refuse to consider those requests, deny reimbursement, or re-terminate Washington's award based on the grounds held unlawful in this Order. The Court does not order Defendants to approve or pay any specific reimbursement request. Signed by Judge Barbara J. Rothstein. (KRA) (Entered: 05/26/2026)	RECAP
34	May 26, 2026	JUDGMENT BY COURT. Judgment is entered in favor of the State of Washington on its APA claims that the SSP Termination Policy is contrary to law and arbitrary and capricious and against Defendants. The Court sets aside, as applied to the State of Washington, the SSP Termination Policy and Defendants' termination of the State's SSP award pursuant to that policy. The State of Washington may submit reimbursement requests under its SSP award, and Defendants may not refuse to consider those requests, deny reimbursement, or re-terminate the State's award based on the grounds held unlawful by this Court. (KRA) (Entered: 05/26/2026)	RECAP

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Case Details

State / Territory:

Washington

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Grant/Contract rescissions, Defunding or Other Threats against Private Entities

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

Federal

Federal Emergency Management Agency

U.S. Department of Homeland Security

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 Sought:

Relief Granted:

Source of Relief:

None yet

Issues

General/Misc.:

Public assistance grants

Recommended Citation

Case Summary of State of Washington v. United States Department of Homeland Security, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/46830/ (last updated 10/20/2025).