Case: State of Illinois v. Noem

1:25-cv-00495 | U.S. District Court for the District of Rhode Island

Filed Date: Sept. 29, 2025

Closed Date: Dec. 22, 2025

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Case Summary

This case challenged the Trump Administration Department of Homeland Security (DHS) and Federal Emergency Management Agency's (FEMA) decision to reduce grant award amounts to at least eight states. The plaintiff states allege the Administration reduced these awards because they refused to deploy their local law enforcement to assist in enforcing federal immigration laws. On September 29, 2025, 11 states and Washington D.C. sued DHS and FEMA regarding cuts that dramatically reduced their grant …

On September 29, 2025, 11 states and Washington D.C. sued DHS and FEMA regarding cuts that dramatically reduced their grant awards under the Homeland Security Grant Program (HSGP) and Emergency Management Performance Grant (EMPG), programs intended to help states and cities prevent and prepare for terrorist attacks. The plaintiff states had their awards reduced by 11%-79% from their notice of funding to the final award (Reallocation Decision). The plaintiffs state that the money taken from them has been reallocated to other states whose immigration policies the administration viewed more favorably such as Texas, Missouri, and North Carolina.

These cuts occurred five days after an injunction was entered against the Department of Homeland Security (DHS) in Illinois v. Fed. Emergency Mgmt. Agency, 801 F. Supp. 3d 75, 2025 WL 2716277. In that case, the court held that DHS and FEMA illegally withheld funds from plaintiff states who refused to deploy local law enforcement to enforce federal immigration law.

The plaintiffs allege the Reallocation Decision is unlawfully arbitrary and capricious under the Administrative Procedure Act (APA) because (1) the only explanation given for the cuts was that the award was adjusted "per DHS directive;" (2) the Administration relied on a factor (disagreement on recipient's policies) not listed in the statutes authorizing the grants; (3) the decision abandons a previous DHS regulation that requires expected dollar amounts of awards be provided up front; and (4) the decision fails to account for the plaintiff states' reliance interests. Plaintiffs also argue the Reallocation Decision violates the APA because the authorizing statute does not allow the administration to reallocate funds based on nondescript DHS directives. Further, the Administration did not follow the required procedure because the FEMA administrator must specify in writing when they considered additional factors in making allocation decisions, which they did not do here. Thus, plaintiffs argue, the Reallocation Decision was made outside of DHS's statutory authority.

Additionally, plaintiffs allege the Reallocation Decision violates the Spending Clause because only Congress can attach conditions to federal money, and the Administration is attempting to add a coercive term to these federal funds. The Reallocation Decision also violates the principle of equal sovereignty among the States, because the Administration treated some states more favorably than others with no rationale given for the differential treatment.

Plaintiffs also alleged that DHS unlawfully reduced the performance period of the grant programs from three years to one year, and changed the start date of EMPG grants ("Performance Period Decision"). The notices of funding told applicants to frame their budget needs to a three-year performance period, which the plaintiffs did before the application deadline. When the grant awards were issued, the performance period was reduced to one year, running from October 1, 2025 to September 30, 2026. Further, EMPG grants were typically backdated to the previous year, thus essentially skipping a year of program funding. The plaintiffs alleged this harmed them because they were expecting to receive the full amount they specified in their applications, thus they would have to redo their budgets to align with the one-year, rather than three-year award. The plaintiffs argued this was arbitrary and capricious under the APA because DHS did not provide an explanation for the reduced performance period and they did not consider the plaintiffs reliance interests.

This case was assigned to Judge Mary S. McElroy.

Plaintiffs sought a temporary restraining order (TRO) along with their complaint, and on September 30, 2025, the court granted the TRO. On October 21, 2025, Judge McElroy modified the TRO to apply only to funds reallocated between the final grant notice of funding opportunity and the final award notifications, an amount totaling $245.5 million. The original TRO had applied to all awards under the program made in fiscal year 2025.

On October 24, 2025, plaintiffs and defendants agreed to convert the TRO into a preliminary injunction. That same day, plaintiffs also filed an amended complaint. First, the complaint added Pennsylvania Governor Josh Shapiro as a plaintiff on behalf of the state of Pennsylvania. Second, the complaint removed Count Five, which alleged the Reallocation Decision violated the Spending Clause, and removed Count Six, which argued the Reallocation Decision violated the principle of Equal Sovereignty amongst the states.

Third, the amended complaint added 3 counts related to a new "Population Certification Requirement." On September 30th, 2025 (the day after the initial complaint was filed), DHS reissued the grant award letters, which placed a hold on the funding until states certified their populations as of September 30th, 2025. The purpose of this requirement was to make sure that the reported population did not include individuals removed from the state due to violation of immigration laws. Plaintiffs alleged this was the first time population certification was a requirement to receive these grants. Plaintiffs further alleged that the data on the number of individuals removed for immigration violations is controlled by the federal government and has not been provided to the states, and that the plaintiffs would be unable to certify their populations before they could timely fund projects that rely on this funding.

Plaintiffs argue the Population Certification Requirement is unlawful because (1) federal law requires the federal government to rely on census data when benefits are determined by the states' populations; (2) the Paperwork Reduction Act prohibits federal agencies from adopting regulations that impose paperwork requirements on the public unless the agency cannot get that information from another federal source, and there are procedures that were not followed to ensure this information was not available; and (3) the requirement was unreasoned and unexplained, and thus arbitrary and capricious under the APA. The plaintiffs added three counts to the complaint under the APA, with these three arguments to support those counts.

On October 30, 2025, the plaintiffs filed a motion for summary judgment, reiterating the claims they made in their complaints and asked the court to vacate the Reallocation Decision, Population Certification Requirement, and Performance Period Decision, and to issue a permanent injunction to prevent DHS from putting these decisions into action.

On November 20, 2025, the defendants filed a cross-motion for summary judgment, arguing that the District Court lacked jurisdiction over these claims because they arise out of a government contract and thus should be filed in the Court of Federal Claims under the Tucker Act. Defendants also argued that these funding changes complied with the relevant statutes because FEMA changed the funding methodology to award more money to combat threats posed by transnational criminal organizations and illegal border crossings. Further, the defendants argued that a notice of funding opportunity does not create reasonable reliance interests, so the plaintiffs were not harmed by the reduced funding, and the Population Certification Requirement and Performance Period Decision aren't reviewable by the court because grant terms and conditions are committed to agency discretion by law. Additionally, the Population Certification Requirement is lawful because the law does not require that FEMA rely exclusively on census data in making funding decisions, and requiring up-to-date population data is a reasonable condition. FEMA plans to provide more guidance on how the states can comply with this condition. For these same reasons, the defendants also argued that the plaintiffs are not entitled to a preliminary injunction.

Meanwhile, on November 10, 2025, the State of Texas filed a motion to intervene, arguing that they are entitled to intervene because they have fiscal (their specific grant award) and nonfiscal interests (protecting their citizens) that would not be adequately represented by the federal government. On November 24, 2025, the Court denied Texas's motion, finding that Texas failed to make the necessary "strong affirmative showing" that the federal government would not adequately represent their interests.

On December 22, 2025, the court granted the plaintiffs’ motion for summary judgment, denied the defendants’ cross motion for summary judgment, and ordered the government to restore the original funding levels for the State Homeland Security Grant Program and Urban Area Security Initiative. The court found that the federal government acted arbitrarily and capriciously by slashing counterterrorism and emergency management grants to jurisdictions labeled as "sanctuary" entities and ruled that the administration exceeded its statutory authority by using immigration cooperation as a factor for funding reallocations. The decision further invalidated unexplained changes to grant performance periods and a new requirement for states to certify population counts excluding deported individuals. Given its findings, the court ultimately ordered the government to restore the original funding levels and remove these unlawful conditions. Notably, the court concluded that “to hold hostage funding for” vital counterterrorism and law enforcement “programs like these based solely on what appear to be Defendants’ political whims is unconscionable and, at least here, unlawful.” 2025 WL 3707011. The court issued judgment for the plaintiffs in accordance with the order on the same day.

Following the court’s decision, the parties stipulated on December 29, 2025 that the Defendants shall extend the deadline for accepting fiscal year 2025 HSGP and EMPG awards until January 31, 2026.

On January 26, 2026, the Defendants issued a notice to the court that they were working to amend the HGSP and EMPG awards in accordance with the December 22 court order. Per the notice, FEMA pushed the HGSP and EMPG award acceptance date to February 27, with awards to be issued by January 30.

On February 20, 2026, the defendants appealed summary judgement to the U.S. Court of Appeals for the First Circuit. However, on May 5, 2026, the defendants moved to voluntarily dismiss the appeal, which the appellate court granted on May 7.

This case is now closed.

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Summary Authors

Jason Bondurant (7/8/2026)

Claire Pollard (9/29/2025)

Michael Vandergriff (10/20/2025)

Bryan Waugh (11/30/2025)

Sofia Yoder (1/5/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71490307/parties/state-of-illinois-v-noem/

Judge(s)

Attorney for Plaintiff

Berks, Paul (Rhode Island)

Boyer, Jacob (Rhode Island)

Attorney for Defendant

Al-Fuhaid, Munera (Rhode Island)

Bolan, Kevin M. (Maine)

Expert/Monitor/Master/Other

Bryant, Monroe David (Maine)

Judge(s)

McElroy, Mary Susan (Rhode Island)

Attorney for Plaintiff

Berks, Paul (Rhode Island)

Boyer, Jacob (Rhode Island)

Carter, Brian S. (Maine)

Dirks, Katherine Brady (Rhode Island)

Dona, Julie (Maine)

Duraiswamy, Shankar (Rhode Island)

Ellison, Keith (Maine)

Fischer, Michael J. (Maine)

Freedman, Luke (Rhode Island)

Gibson, Rosanna E. (Rhode Island)

Hemmer, Alex (Rhode Island)

Horan, R. Sam (Maine)

Kassab, Vanessa L. (Rhode Island)

Liston, Ian (Rhode Island)

Marrero, Joel (Rhode Island)

Mendes, Olivia C. (Maine)

Meosky, Paul Timothy (Rhode Island)

Meskill, Ashley H. (Rhode Island)

Meyers, Phoenix Nicole (Maine)

Muqaddam, Rabia (Rhode Island)

Newman, Michael Louis (Maine)

Reich, Mitchell (Rhode Island)

Resler, Daniel P. (Maine)

Roberts, Tyler S. (Rhode Island)

Rose, Jonathan T. (Maine)

Sabatini, Kathryn M. (Rhode Island)

Saxena, Mayur Prasad (Maine)

Sepe, Cristina (Rhode Island)

Shapiro, Josh (Rhode Island)

Sherman, Lee (Rhode Island)

Stanley, James Edward (Rhode Island)

Thompson, Stephen (Rhode Island)

Thompson, Julio A (Rhode Island)

Thrift-Viveros, Deylin O (Rhode Island)

Tran, Delbert (Rhode Island)

Tresnowski, Michael M. (Rhode Island)

Weaver, Robert Henry (Rhode Island)

Wells, Christopher Graham (Maine)

Attorney for Defendant

Al-Fuhaid, Munera (Rhode Island)

Bolan, Kevin M. (Maine)

Dreier, Douglas C. (Maine)

Jr, Monroe David (Rhode Island)

Tenny, Daniel (Maine)

Yeatts, Alexandra Lee (Rhode Island)

Zurier, Lauren S. (Maine)

Other

Bryant, Monroe David (Maine)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:25-cv-00495	Complaint for Declaratory and Injunctive Relief State of Illinois et al. v. Noem et al.	Sept. 29, 2025	Sept. 29, 2025 Complaint
14 1:25-cv-00495	Temporary Restraining Order	Sept. 30, 2025	Sept. 30, 2025 Order/Opinion
31 1:25-cv-00495	Modified Temporary Restraining Order	Oct. 21, 2025	Oct. 21, 2025 Order/Opinion
33 1:25-cv-00495	First Amended Complaint for Declaratory and Injunctive Relief	Oct. 24, 2025	Oct. 24, 2025 Complaint
39 1:25-cv-00495	Plaintiff States' Motion for Summary Judgment	Oct. 30, 2025	Oct. 30, 2025 Pleading / Motion / Brief
53 1:25-cv-00495	Memorandum and Order	Dec. 22, 2025	Dec. 22, 2025 Order/Opinion 2025 WL 3707011
55 1:25-cv-00495	Joint Stipulation Regarding Acceptance Deadline	Dec. 29, 2025	Dec. 29, 2025 Pleading / Motion / Brief

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Resources

Title	Description		External URL Date / External URL
EO 14287 - Protecting American Communities From Criminal Aliens President Donald Trump	Directing the Attorney General and Secretary of Homeland Security to publish a list of States and local jurisdictions that "obstruct the enforcement of federal immigration laws" (sanctuary jurisdicti…	April 28, 2025	April 28, 2025 https://www.federalregister.gov/...
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/71490307/state-of-illinois-v-noem/

Last updated July 15, 2026, 4:15 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT ( filing fee paid $ 405.00, receipt number ARIDC-2189644 ), filed by State of Vermont, District of Columbia, State of California, State of Illinois, State of Delaware, State of New Jersey, State of Minnesota, State of Washington, Commonwealth of Massachusetts, State of Rhode Island, State of New York, State of Connecticut. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Civil Cover Sheet)(Meosky, Paul) (Entered: 09/29/2025) 1 Exhibit View on RECAP 2 Exhibit View on RECAP 3 Exhibit View on RECAP 4 Exhibit View on RECAP 5 Exhibit View on RECAP 6 Exhibit View on RECAP 7 Exhibit View on RECAP 8 Civil Cover Sheet View on RECAP	Sept. 29, 2025	Sept. 29, 2025 Clearinghouse
2	CASE OPENING NOTICE ISSUED. (Gonzalez Gomez, Viviana) (Entered: 09/29/2025)	Sept. 29, 2025	Sept. 29, 2025 RECAP
3	MOTION for Temporary Restraining Order filed by All Plaintiffs. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit)(Meosky, Paul) (Entered: 09/29/2025) 1 Exhibit View on RECAP 2 Exhibit View on RECAP 3 Exhibit View on RECAP 4 Exhibit View on RECAP 5 Exhibit View on RECAP 6 Exhibit View on RECAP 7 Exhibit View on RECAP 8 Exhibit View on RECAP 9 Exhibit View on RECAP 10 Exhibit View on RECAP 11 Exhibit View on RECAP 12 Exhibit View on RECAP 13 Exhibit View on RECAP 14 Exhibit View on RECAP 15 Exhibit View on RECAP 16 Exhibit View on RECAP 17 Exhibit View on RECAP 18 Exhibit View on RECAP 19 Exhibit View on RECAP 20 Exhibit View on RECAP	Sept. 29, 2025	Sept. 29, 2025 RECAP
	Case Assigned/Reassigned	Sept. 29, 2025	Sept. 29, 2025
	Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Gonzalez Gomez, Viviana)	Sept. 29, 2025	Sept. 29, 2025
4	NOTICE of Appearance by Alex Hemmer on behalf of State of Illinois (Hemmer, Alex) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025
5	NOTICE of Appearance by Robert Henry Weaver on behalf of State of Illinois (Weaver, Robert) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025
6	NOTICE of Appearance by Rabia Muqaddam on behalf of State of New York (Muqaddam, Rabia) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025
7	NOTICE of Appearance by Michael M. Tresnowski on behalf of State of Illinois (Tresnowski, Michael) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025
8	NOTICE of Appearance by Lee Sherman on behalf of State of California (Sherman, Lee) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025
9	NOTICE of Appearance by Deylin O Thrift-Viveros on behalf of State of California (Thrift-Viveros, Deylin) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025
10	NOTICE of Appearance by Tyler S. Roberts on behalf of State of Washington (Roberts, Tyler) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025
11	NOTICE of Appearance by Joel Marrero on behalf of State of California (Marrero, Joel) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025
12	NOTICE of Appearance by Katherine Brady Dirks on behalf of Commonwealth of Massachusetts (Dirks, Katherine) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025
13	NOTICE of Appearance by Ashley H. Meskill on behalf of State of Connecticut (Meskill, Ashley) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025
14	Temporary Restraining Order entered.1. Plaintiffs' Motion for a Temporary Restraining Order is granted; and2. Defendants are directed to rescind all fiscal year 2025 Homeland Security Grant Program award notifications and de-obligate the associated funds; and3. Defendants are enjoined from disbursing, processing, returning to the U.S. Treasury, re-programming, re-allocating, or otherwise making unavailable by any means all fiscal year 2025 Homeland Security Grant Program funds app ropriated by Congress; and4. The statutory lapse of the funds appropriated by Congress for the fiscal year 2025 Homeland Security Grant Program is immediately suspended pending further order of the Court, pursuant to the Courts equitable authority , 31 U.S.C. § 1502(b), and any other applicable provision of law; and 5. Defendants shall immediately provide notice of this Order to all appropriate officials at Defendants, including but not limited to all employees involved in administerin g the Homeland Security Grant Program and Emergency Management Performance Grant programs and all persons acting in concert with such employees; and 6. Defendants shall file confirmation of the dissemination of that notice and the rescission and de-obligation of the fiscal year 2025 Homeland Security Grant Program funds on the Courts docket within 72 hours; and 7. This Order is consistent with the Courts entry of the temporary restraining order atthe hearing and is immediately effective.. So Ordered by District Judge Mary S. McElroy on 9/30/2025. (CP)	Sept. 30, 2025	Sept. 30, 2025 Clearinghouse
15	NOTICE of Appearance by James Edward Stanley on behalf of State of California (Stanley, James) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025
	Order	Sept. 30, 2025	Sept. 30, 2025
	TEXT ORDER : Pursuant to LR Gen 101(c), the Court suspends LR Gen 201(a) and any attorney employed by a State or the District of Columbia and is a member in good standing of the bar of another federal district court and each jurisdiction in which that attorney has been admitted may appear and practice in this matter without being admitted pro hac vice. Attorneys appearing on behalf of the States and the District of Columbia are directed to obtain filing privileges via PACER and to enter their appearances. So Ordered by District Judge Mary S. McElroy on 9/30/2025. (Potter, Carrie)	Sept. 30, 2025	Sept. 30, 2025
	Notice of Hearing on Motion	Sept. 30, 2025	Sept. 30, 2025
	Motion Hearing	Sept. 30, 2025	Sept. 30, 2025
	NOTICE of Hearing on Motion 3 MOTION for Temporary Restraining Order : Motion Hearing set for 9/30/2025 at 03:00 PM via Zoom before District Judge Mary S. McElroy. Counsel shall use the link previously emailed. Members of the public can view the hearing on the Court's YouTube page. Please see rid.uscourts.gov for more information. (Potter, Carrie)	Sept. 30, 2025	Sept. 30, 2025
	Minute Entry for proceedings held before District Judge Mary S. McElroy: Motion Hearing held on 9/30/2025 re 3 MOTION for Temporary Restraining Order : Weaver, Bolan, Hemmer, Tresnowski, Duraiswamy, Sherman, Thrift-Viveros, Sabatini, Meosky in attendance. Court questions; arguments heard. For reasons stated on the record, the Court grant the Motion for TRO. Parties to produce Proposed Order to case manager on 9/30/2025. Parties to meet and confer and advise the Court by close of business on 10/3/2025 regarding Preliminary Injunction/TRO. Recess. (Court Reporter L. Schwam in Courtroom Zoom at 3:00 pm.) (Potter, Carrie)	Sept. 30, 2025	Sept. 30, 2025
16	Summons Request filed by Commonwealth of Massachusetts, District of Columbia, State of California, State of Connecticut, State of Delaware, State of Illinois, State of Minnesota, State of New Jersey, State of New York, State of Rhode Island, State of Vermont, State of Washington. (Attachments: # 1 Proof of Service- USDHS, # 2 Proof of Service- David Richardson, # 3 Proof of Service- FEMA)(Meosky, Paul) (Entered: 10/01/2025)	Oct. 1, 2025	Oct. 1, 2025
17	NOTICE of Appearance by Julio A Thompson on behalf of State of Vermont (Thompson, Julio) (Entered: 10/01/2025)	Oct. 1, 2025	Oct. 1, 2025
18	Summons Issued as to Federal Emergency Management Agency, Kristi Noem, David Richardson, United States Department of Homeland Security. (Attachments: # 1 Federal Emergency Management Agency Summons, # 2 Kristi Noem Summons, # 3 United States Department of Homeland Security Summons)(Hill, Cherelle) (Entered: 10/01/2025)	Oct. 1, 2025	Oct. 1, 2025
19	NOTICE of Appearance by Alexandra Lee Yeatts on behalf of All Defendants (Yeatts, Alexandra) (Entered: 10/03/2025)	Oct. 3, 2025	Oct. 3, 2025
20	SUMMONS Returned Executed by State of Vermont, District of Columbia, State of California, State of Illinois, State of Delaware, State of New Jersey, State of Minnesota, State of Washington, Commonwealth of Massachusetts, State of Rhode Island, State of New York, State of Connecticut. All Defendants. (Attachments: # 1 Summons Executed- DHS, # 2 Summons Executed- FEMA, # 3 Summons Executed- David Richardson)(Meosky, Paul) (Entered: 10/03/2025) 1 Summons Executed- DHS View on RECAP 2 Summons Executed- FEMA View on PACER 3 Summons Executed- David Richardson View on PACER	Oct. 3, 2025	Oct. 3, 2025
21	MOTION for an Extension of Time for Defendants' TRO compliance deadlines filed by All Defendants. Responses due by 10/17/2025. (Attachments: # 1 Proposed Order)(Yeatts, Alexandra) (Entered: 10/03/2025) 1 Proposed Order View on RECAP	Oct. 3, 2025	Oct. 3, 2025
22	NOTICE by Federal Emergency Management Agency, Kristi Noem, David Richardson, United States Department of Homeland Security Notice of Compliance (Yeatts, Alexandra) (Entered: 10/03/2025)	Oct. 3, 2025	Oct. 3, 2025 RECAP
23	NOTICE of Appearance by Stephen Thompson on behalf of State of New York (Thompson, Stephen) (Entered: 10/03/2025)	Oct. 3, 2025	Oct. 3, 2025
24	NOTICE of Appearance by Ian Liston on behalf of State of Delaware (Liston, Ian) (Entered: 10/06/2025)	Oct. 6, 2025	Oct. 6, 2025
25	NOTICE of Appearance by Vanessa L. Kassab on behalf of State of Delaware (Kassab, Vanessa) (Entered: 10/06/2025)	Oct. 6, 2025	Oct. 6, 2025
26	NOTICE of Appearance by Rosanna E. Gibson on behalf of State of Delaware (Gibson, Rosanna) (Entered: 10/06/2025)	Oct. 6, 2025	Oct. 6, 2025
27	MOTION for Reconsideration of Temporary Restraining Order and Unopposed Motion to Extend Compliance Deadlines filed by All Defendants. Responses due by 10/21/2025. (Attachments: # 1 Exhibit NY v. Noem TRO, # 2 Exhibit Proposed Order: Unopposed Extension Motion, # 3 Exhibit Proposed Order: TRO Reconsideration Motion, # 4 Exhibit Redline TRO)(Yeatts, Alexandra) (Entered: 10/07/2025) 1 Exhibit NY v. Noem TRO View on PACER 2 Exhibit Proposed Order: Unopposed Extension Motion View on PACER 3 Exhibit Proposed Order: TRO Reconsideration Motion View on RECAP 4 Exhibit Redline TRO View on PACER	Oct. 7, 2025	Oct. 7, 2025 RECAP
28	RESPONSE In Opposition to 27 MOTION for Reconsideration of Temporary Restraining Order and Unopposed Motion to Extend Compliance Deadlines filed by All Plaintiffs. Replies due by 10/17/2025. (Attachments: # 1 Exhibit 1 - Proposed Modified TRO, # 2 Exhibit 2 - Proposed Modified TRO Redline, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Weaver, Robert) (Entered: 10/10/2025) 1 Exhibit 1 - Proposed Modified TRO View on PACER 2 Exhibit 2 - Proposed Modified TRO Redline View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER	Oct. 10, 2025	Oct. 10, 2025 RECAP
	Order on Motion for Extension of Time	Oct. 10, 2025	Oct. 10, 2025
	TEXT ORDER granting 21 Motion for Extension of Time. So Ordered by District Judge Mary S. McElroy on 10/10/2025. (Potter, Carrie)	Oct. 10, 2025	Oct. 10, 2025
29	NOTICE of Appearance by Shankar Duraiswamy on behalf of State of New Jersey (Duraiswamy, Shankar) (Entered: 10/15/2025)	Oct. 15, 2025	Oct. 15, 2025
30	REPLY to Response re 28 Response to Motion, filed by All Defendants. (Attachments: # 1 Exhibit Proposed Order: TRO Reconsideration Motion)(Yeatts, Alexandra) (Entered: 10/17/2025) 1 Exhibit Proposed Order: TRO Reconsideration Motion View on PACER	Oct. 17, 2025	Oct. 17, 2025 RECAP
31	Modified Temporary Restraining Order. So Ordered by District Judge Mary S. McElroy on 10/21/2025. (Potter, Carrie) (Entered: 10/21/2025)	Oct. 21, 2025	Oct. 21, 2025 Clearinghouse
32	ORDER granting Defendants' Unopposed Motion to Extend Compliance Deadlines. So Ordered by District Judge Mary S. McElroy on 10/21/2025. (Potter, Carrie)	Oct. 21, 2025	Oct. 21, 2025 RECAP
33	AMENDED COMPLAINT First against All Defendants, filed by State of Vermont, District of Columbia, State of California, State of Illinois, State of Delaware, State of New Jersey, State of Minnesota, State of Washington, Commonwealth of Massachusetts, State of Rhode Island, State of New York, State of Connecticut, Josh Shapiro. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Tresnowski, Michael) (Entered: 10/24/2025) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER 8 Exhibit 8 View on PACER 9 Exhibit 9 View on PACER 10 Exhibit 10 View on PACER 11 Exhibit 11 View on PACER 12 Exhibit 12 View on PACER 13 Exhibit 13 View on PACER	Oct. 24, 2025	Oct. 24, 2025 Clearinghouse
34	Joint STIPULATION Converting TRO into Preliminary Injunction and Joint Proposal for Briefing Schedule filed by All Defendants. (Yeatts, Alexandra) (Entered: 10/24/2025)	Oct. 24, 2025	Oct. 24, 2025 RECAP
35	NOTICE by Federal Emergency Management Agency, Kristi Noem, David Richardson, United States Department of Homeland Security Notice of Compliance with Modified TRO (Yeatts, Alexandra) (Entered: 10/24/2025)	Oct. 24, 2025	Oct. 24, 2025 RECAP
36	NOTICE of Appearance by Delbert Tran on behalf of State of California (Tran, Delbert) (Entered: 10/27/2025)	Oct. 27, 2025	Oct. 27, 2025
37	NOTICE of Appearance by Paul Berks on behalf of State of Illinois (Berks, Paul) (Entered: 10/29/2025)	Oct. 29, 2025	Oct. 29, 2025
38	NOTICE of Appearance by Luke Freedman on behalf of State of California (Freedman, Luke) (Entered: 10/29/2025)	Oct. 29, 2025	Oct. 29, 2025
39	MOTION for Summary Judgment filed by All Plaintiffs. Responses due by 11/13/2025. (Tresnowski, Michael) (Entered: 10/30/2025)	Oct. 30, 2025	Oct. 30, 2025 Clearinghouse
40	EXHIBIT IN SUPPORT by All Plaintiffs in support of 39 MOTION for Summary Judgment . (Attachments: # 1 Exhibit 1 (Supp. Evans Decl.), # 2 Exhibit 1-A, # 3 Exhibit 1-B, # 4 Exhibit 1-C, # 5 Exhibit 1-D, # 6 Exhibit 1-E, # 7 Exhibit 1-F, # 8 Exhibit 2, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Exhibit 5, # 12 Exhibit 6, # 13 Exhibit 7, # 14 Exhibit 8, # 15 Exhibit 9, # 16 Exhibit 10, # 17 Exhibit 11, # 18 Exhibit 12, # 19 Exhibit 13, # 20 Exhibit 14 (Tresnowski Decl.), # 21 Exhibit 15 (Hammett Decl.), # 22 Exhibit 16 (Schwarm Decl.), # 23 Exhibit 17 (Higgins Decl.), # 24 Exhibit 18 (Schall Decl.), # 25 Exhibit 19 (Osborn Decl.), # 26 Exhibit 20 (Fiorio Decl.), # 27 Exhibit 21 (Brantley Decl.), # 28 Exhibit 22 (Stanton Decl.), # 29 Exhibit 23 (Farole Decl.), # 30 Exhibit 24 (Engelhardt Decl.), # 31 Exhibit 25 (Ottobre Decl.), # 32 Exhibit 26 (Bray Decl.), # 33 Exhibit 27 (Supp. Bray Decl.), # 34 Exhibit 28 (Padfield Decl.), # 35 Exhibit 29 (Pappas Decl.), # 36 Exhibit 30 (Forand Decl.), # 37 Exhibit 31 (LaFond Decl.), # 38 Exhibit 32 (Ezelle Decl.))(Tresnowski, Michael) (Entered: 10/30/2025) 1 Exhibit 1 (Supp. Evans Decl.) View on RECAP 2 Exhibit 1-A View on RECAP 3 Exhibit 1-B View on PACER 4 Exhibit 1-C View on PACER 5 Exhibit 1-D View on PACER 6 Exhibit 1-E View on PACER 7 Exhibit 1-F View on PACER 8 Exhibit 2 View on RECAP 9 Exhibit 3 View on RECAP 10 Exhibit 4 View on RECAP 11 Exhibit 5 View on RECAP 12 Exhibit 6 View on RECAP 13 Exhibit 7 View on RECAP 14 Exhibit 8 View on RECAP 15 Exhibit 9 View on RECAP 16 Exhibit 10 View on RECAP 17 Exhibit 11 View on RECAP 18 Exhibit 12 View on RECAP 19 Exhibit 13 View on RECAP 20 Exhibit 14 (Tresnowski Decl.) View on RECAP 21 Exhibit 15 (Hammett Decl.) View on RECAP 22 Exhibit 16 (Schwarm Decl.) View on RECAP 23 Exhibit 17 (Higgins Decl.) View on RECAP 24 Exhibit 18 (Schall Decl.) View on RECAP 25 Exhibit 19 (Osborn Decl.) View on RECAP 26 Exhibit 20 (Fiorio Decl.) View on RECAP 27 Exhibit 21 (Brantley Decl.) View on RECAP 28 Exhibit 22 (Stanton Decl.) View on RECAP 29 Exhibit 23 (Farole Decl.) View on RECAP 30 Exhibit 24 (Engelhardt Decl.) View on RECAP 31 Exhibit 25 (Ottobre Decl.) View on RECAP 32 Exhibit 26 (Bray Decl.) View on RECAP 33 Exhibit 27 (Supp. Bray Decl.) View on RECAP 34 Exhibit 28 (Padfield Decl.) View on RECAP 35 Exhibit 29 (Pappas Decl.) View on RECAP 36 Exhibit 30 (Forand Decl.) View on RECAP 37 Exhibit 31 (LaFond Decl.) View on RECAP 38 Exhibit 32 (Ezelle Decl.) View on RECAP	Oct. 30, 2025	Oct. 30, 2025
41	NOTICE of Appearance by Mitchell Reich on behalf of District of Columbia (Reich, Mitchell) (Entered: 11/10/2025)	Nov. 10, 2025	Nov. 10, 2025
42	MOTION to Intervene filed by State of Texas. Responses due by 11/24/2025. (Attachments: # 1 Supporting Memorandum In Support of Motion to Intervene, # 2 Supplement Ex B-Answer of Intervenor-Defendant State of Texas to Plaintiffs' First Amended Complaint)(Bryant, Monroe) (Entered: 11/10/2025) 1 Supporting Memorandum In Support of Motion to Intervene View on RECAP 2 Supplement Ex B-Answer of Intervenor-Defendant State of Texas to Plaintiffs' View on PACER	Nov. 10, 2025	Nov. 10, 2025
43	NOTICE of Appearance by Monroe David Bryant, Jr on behalf of State of Texas (Bryant, Monroe) (Entered: 11/10/2025)	Nov. 10, 2025	Nov. 10, 2025
44	NOTICE of Appearance by Munera Al-Fuhaid on behalf of State of Texas (Al-Fuhaid, Munera) (Entered: 11/10/2025)	Nov. 10, 2025	Nov. 10, 2025
45	RESPONSE In Opposition to 42 MOTION to Intervene by State of Texas filed by All Plaintiffs. Replies due by 11/21/2025. (Weaver, Robert) (Entered: 11/14/2025)	Nov. 14, 2025	Nov. 14, 2025 RECAP
46	ADMINISTRATIVE RECORD filed by Federal Emergency Management Agency, Kristi Noem, David Richardson, United States Department of Homeland Security NOTICE: In order to view this document, you must first log in using your CMECF Filer login.. (Attachments: # 1 Certification, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6 part 1, # 8 Exhibit 6 part 2, # 9 Exhibit 6 part 3, # 10 Exhibit 7, # 11 Exhibit 8 part 1, # 12 Exhibit 8 part 2, # 13 Exhibit 8 part 3, # 14 Exhibit 9, # 15 Exhibit 10, # 16 Exhibit 11, # 17 Exhibit 12)(Yeatts, Alexandra) (Entered: 11/20/2025) 1 Certification View on PACER 2 Exhibit 1 View on RECAP 3 Exhibit 2 View on RECAP 4 Exhibit 3 View on PACER 5 Exhibit 4 View on PACER 6 Exhibit 5 View on PACER 7 Exhibit 6 part 1 View on PACER 8 Exhibit 6 part 2 View on PACER 9 Exhibit 6 part 3 View on PACER 10 Exhibit 7 View on PACER 11 Exhibit 8 part 1 View on PACER 12 Exhibit 8 part 2 View on PACER 13 Exhibit 8 part 3 View on PACER 14 Exhibit 9 View on PACER 15 Exhibit 10 View on PACER 16 Exhibit 11 View on RECAP 17 Exhibit 12 View on RECAP	Nov. 20, 2025	Nov. 20, 2025 RECAP
47	MOTION for Summary Judgment filed by All Defendants. Responses due by 12/4/2025. (Yeatts, Alexandra) (Entered: 11/20/2025)	Nov. 20, 2025	Nov. 20, 2025 RECAP
48	REPLY to Response re 45 Response to Motion to Intervene filed by State of Texas. (Bryant, Monroe) (Entered: 11/21/2025)	Nov. 21, 2025	Nov. 21, 2025 RECAP
49	ADMINISTRATIVE RECORD filed by Federal Emergency Management Agency, Kristi Noem, David Richardson, United States Department of Homeland Security NOTICE: In order to view this document, you must first log in using your CMECF Filer login.. (Attachments: # 1 Exhibit 13)(Yeatts, Alexandra) (Entered: 11/23/2025) 1 Exhibit 13 View on RECAP	Nov. 23, 2025	Nov. 23, 2025
	Order on Motion to Intervene	Nov. 24, 2025	Nov. 24, 2025
	TEXT ORDER. The State of Texas' Motion to Intervene (ECF No. 42 ) is DENIED. Under Fed. R. Civ. P. 24(a), intervention as of right is only permitted when "the applicant's interest [is] inadequately represented by existing parties." Caterino v. Barry, 922 F.2d 37, 3940 (1st Cir. 1990). "[W[hen a would-be intervenor seeks to appear alongside a governmental body in defense of the validity of some official action, a rebuttable presumption arises that the government adequately represents the interests of the would-be intervenor." T-Mobile N.E. LLC v. Town of Barnstable, 969 F.3d 33, 39 (1st Cir. 2020). In seeking to overcome this presumption, Texas has failed to make the necessary "strong affirmative showing" that the United States does not adequately represent its interests. See id. (quoting Pub. Serv. Co. of New Hampshire v. Patch, 136 F.3d 197, 207 (1st Cir. 1998). The Court further finds permissive intervention under Rule 24(b) to be unwarranted under these circumstances. See id. at 41. So Ordered by District Judge Mary S. McElroy on 11/24/2025. (Potter, Carrie)	Nov. 24, 2025	Nov. 24, 2025
50	NOTICE of Appearance by Jacob Boyer on behalf of Josh Shapiro (Boyer, Jacob) (Entered: 11/26/2025)	Nov. 26, 2025	Nov. 26, 2025
51	RESPONSE In Opposition to 47 MOTION for Summary Judgment filed by All Plaintiffs. Replies due by 12/5/2025. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Weaver, Robert) (Entered: 11/28/2025) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER	Nov. 28, 2025	Nov. 28, 2025
52	NOTICE of Appearance by Cristina Sepe on behalf of State of Washington (Sepe, Cristina) (Entered: 12/16/2025)	Dec. 16, 2025	Dec. 16, 2025
53	MEMORANDUM AND ORDER : For the foregoing reasons, the Court GRANTS Plaintiffs' Motion for Summary Judgment (ECF No. 39 ) and DENIES Defendants' Cross-Motion for Summary Judgment (ECF No. 47 ). Consistent with its findings, the Court order s the following:1. The Reallocation Decision, Performance Period Decision, and Population Certification Requirement are declared unlawful and are ordered set aside and vacated;2. Defendants are directed to amend HSGP awards issued to Plaintiffs to reflect the awards provided by the August 1, 2025 HSGP NOFO;3. Defendants are directed to amend HSGP awards issued to Plaintiffs to provide the period of performance set forth in the August 1, 2025 HSGP NOFO, namely September 1, 2025, to Augus t 31, 2028;4. Defendants are directed to amend EMPG awards to Plaintiffs to provide the period of performance set forth in the 2025 EMPG NOFO, namely October 1, 2024, to September 30, 2027;5. Defendants are directed to amend EMPG awards issued to Plaintiffs to remove the award terms titled "Verification of a State's Population";6. Defendants are enjoined from enforcing by any means against Plaintiffs and their instrumentalities and subdivisions the EMPG award terms titled "Verification of a State's Population" or any materially similar terms requiring certification of a state's population as a condition on the receipt of federal funds;7. Defendants are directed to disburse, in the ordinary course, all allowable costs for which Plaintiffs seek payment from their fiscal year 2025 HSGP and EMPG awards on behalf of themselves and their sub-grantees. So Ordered by District Judge Mary S. McElroy on 12/22/2025. (Potter, Carrie)	Dec. 22, 2025	Dec. 22, 2025 Clearinghouse
54	JUDGMENT enters in accordance with the Memo and Order dated 12/22/2025. So Ordered by District Judge Mary S. McElroy on 12/22/2025. (Potter, Carrie) (Entered: 12/22/2025)	Dec. 22, 2025	Dec. 22, 2025 Clearinghouse
55	Joint STIPULATION Regarding Acceptance Deadline filed by All Plaintiffs. (Tresnowski, Michael) (Entered: 12/29/2025)	Dec. 29, 2025	Dec. 29, 2025 Clearinghouse
56	NOTICE by Federal Emergency Management Agency, Kristi Noem, David Richardson, United States Department of Homeland Security (Yeatts, Alexandra) (Entered: 01/26/2026)	Jan. 26, 2026	Jan. 26, 2026 RECAP
57	NOTICE OF APPEAL by Federal Emergency Management Agency, Kristi Noem, David Richardson, United States Department of Homeland Security (No fee paid, USA, Waived by Statute, or IFP.) NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf Appeal Record due by 2/27/2026. (Yeatts, Alexandra) (Entered: 02/20/2026)	Feb. 20, 2026	Feb. 20, 2026
58	CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b) re: 57 Notice of Appeal. Documents Sent: 53, 54. (Attachments: # 1 Record on Appeal) (Gonzalez Gomez, Viviana) (Entered: 02/20/2026) 1 Record on Appeal View on RECAP	Feb. 20, 2026	Feb. 20, 2026
	USCA Case Number	Feb. 20, 2026	Feb. 20, 2026
	USCA Case Number 26-1182 for 57 Notice of Appeal,, filed by Federal Emergency Management Agency, Kristi Noem, David Richardson, United States Department of Homeland Security. (Hill, Cherelle)	Feb. 20, 2026	Feb. 20, 2026
59	TRANSCRIPT ORDER for proceedings held on 9/30/2025 before Judge McElroy. 3-Day Transcript Selected. Transcript to be delivered within 3 calendar days.. (Yeatts, Alexandra) (Entered: 03/02/2026)	March 2, 2026	March 2, 2026
60	TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 59 Transcript Order. Court Reporter/Transcriber: Lisa Schwam. (Dias, Jennifer) (Entered: 03/02/2026)	March 2, 2026	March 2, 2026
61	TRANSCRIPT of TRO held on 09/30/2025 before Judge McElroy. Court Reporter/Transcriber Lisa Schwam, Telephone number 401-752-7128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 3/24/2026. Redacted Transcript Deadline set for 4/3/2026. Release of Transcript Restriction set for 6/1/2026. (Schwam, Lisa) (Entered: 03/03/2026)	March 3, 2026	March 3, 2026
62	JUDGMENT of the U.S. Court of Appeals for the First Circuit entered as to 57 Notice of Appeal, filed by Federal Emergency Management Agency, Kristi Noem, David Richardson, United States Department of Homeland Security. JUDGMENT dismissing case pursuant to Fed. R. App. P. 42(b). [26-1182] (Gonzalez Gomez, Viviana) (Entered: 05/08/2026)	May 8, 2026	May 8, 2026 RECAP
63	MANDATE of the U.S. Court of Appeals for the First Circuit issued as to and in accordance with 57 Notice of Appeal, filed by Federal Emergency Management Agency, Kristi Noem, David Richardson, United States Department of Homeland Security. [26-1182] (Gonzalez Gomez, Viviana) (Entered: 05/08/2026)	May 8, 2026	May 8, 2026 RECAP
64	FILED IN ERROR - DISREGARD MOTION to Withdraw as Attorney filed by State of Delaware. Responses due by 7/8/2026. (Gibson, Rosanna) Modified on 6/24/2026 (Potter, Carrie). (Entered: 06/24/2026)	June 24, 2026	June 24, 2026
65	MOTION to Withdraw as Attorney filed by State of Delaware. Responses due by 7/8/2026. (Gibson, Rosanna) (Entered: 06/24/2026)	June 24, 2026	June 24, 2026
	Order on Motion to Withdraw as Attorney	July 14, 2026	July 14, 2026

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Case Details

State / Territory:

Rhode Island

Case Type(s):

Policing

Public Benefits/Government Services

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Spending Freezes/Cuts

Key Dates

Filing Date: Sept. 29, 2025

Closing Date: Dec. 22, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

States of Illinois, California, New Jersey, Rhode Island, Connecticut, Delaware, Massachusetts, Minnesota, New York, Vermont, Washington and Washington DC

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

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

Case Details

Causes of Action: