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.

show full summary

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

show all people

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	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

show / hide documents

Resources

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/...

show / hide resources

Docket

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

Last updated April 20, 2026, 3:42 a.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
	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 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)	Sept. 3, 2025	Sept. 3, 2025
11	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	Sept. 16, 2025	Sept. 16, 2025 Clearinghouse
12	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)	Sept. 17, 2025	Sept. 17, 2025
13	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)	Sept. 19, 2025	Sept. 19, 2025
14	ORDER granting Plaintiff's 13 Unopposed Motion for Leave to Amend the Complaint. Signed by Judge Barbara J. Rothstein.(CJS) (Entered: 09/22/2025)	Sept. 22, 2025	Sept. 22, 2025
15	AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants filed by State of Washington.(Seel, Benjamin) (Entered: 09/22/2025)	Sept. 22, 2025	Sept. 22, 2025 Clearinghouse
16	Stipulated MOTION to Amend Case Plan, filed by All Defendants. (Attachments: # 1 Proposed Order)(Tye, Michael) (Entered: 11/14/2025)	Nov. 14, 2025	Nov. 14, 2025
17	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)	Nov. 14, 2025	Nov. 14, 2025
18	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)	Nov. 21, 2025	Nov. 21, 2025
19	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)	Dec. 17, 2025	Dec. 17, 2025
20	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	Dec. 19, 2025	Dec. 19, 2025
21	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	Dec. 19, 2025	Dec. 19, 2025 RECAP
22	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)	Dec. 19, 2025	Dec. 19, 2025
23	DECLARATION of Dr. Sandra Valenciano filed by Plaintiff State of Washington re 20 MOTION for Summary Judgment (Seel, Benjamin) (Entered: 12/19/2025)	Dec. 19, 2025	Dec. 19, 2025
24	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)	Feb. 5, 2026	Feb. 5, 2026
25	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	March 3, 2026	March 3, 2026
26	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)	March 3, 2026	March 3, 2026 RECAP
27	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)	April 6, 2026	April 6, 2026 RECAP
	Set/Clear Flags (Private, court users only) AND Set/Reset Motion and R&R Deadlines/Hearings	April 7, 2026	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)	April 7, 2026	April 7, 2026

show / hide docket entries

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).