Case: State of New York v. Noem

1:25-cv-08106 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 30, 2025

Closed Date: Oct. 16, 2025

Clearinghouse coding complete

Case Summary

In the wake of the 9/11 attacks, Congress created the Rail and Transit Security Grant Program (“TSGP”), and since its inception, the TSGP has awarded New York funds to, among other things, "protect sensitive transit networks against chemical, biological, radiological, or explosive threats, improve transit evacuation systems, and make improvements to transit security.” TSGP is administered by the U.S. Department of Homeland Security (“DHS”) and the Federal Emergency Management Agency (“FEMA”), w…

In the wake of the 9/11 attacks, Congress created the Rail and Transit Security Grant Program (“TSGP”), and since its inception, the TSGP has awarded New York funds to, among other things, "protect sensitive transit networks against chemical, biological, radiological, or explosive threats, improve transit evacuation systems, and make improvements to transit security.” TSGP is administered by the U.S. Department of Homeland Security (“DHS”) and the Federal Emergency Management Agency (“FEMA”), who are directed to authorize and determine eligibility for funds “based solely on risk.” 6 U.S.C. § 1135(c).

On September 30, 2025, an online news story reported that “[t]he federal government will deny the [the Metropolitan Transit Authority (“MTA”)] tens of millions of dollars in requested security grant funding, withholding every dollar the agency asked for because New York City and New York state are ‘sanctuary jurisdictions’” (the “Reallocation Decision”). This decision follows on the heels of President Trump’s direction to DHS on his first day in office to “ensure that so-called ‘sanctuary’ jurisdictions do not receive access to Federal funds.” Exec. Order No. 14159. New York stands to lose $33,898,500 in federal funding, which will be disbursed to other applicants, from the Reallocation Decision. It was the only applicant denied TSGP funding.

The State of New York brought suit against DHS and its Secretary, and FEMA and its Administrator on September 30, 2025, challenging the Reallocation Decision in the U.S. District Court for the Southern District of New York. The case was assigned to District Judge Lewis A. Kaplan.

New York brought three claims. First, it alleged the Reallocation Decision violated the Administrative Procedure Act (“APA”) because it was “unreasoned and contrary to the TSGP statute, which requires that eligibility for TSGP be ‘based solely on risk’ of terrorist attacks.” Second, New York alleged the federal agency Defendants acted ultra vires in violation of the TSGP statute. Finally, New York alleged that the Reallocation Decision violated the Constitution’s equal sovereignty principle. In relief, New York sought declaratory relief and an injunction requiring DHS and FEMA to disburse New York’s allocation TSGP funds.

The same day the complaint was filed, New York filed an emergency motion for a temporary restraining order to protect its ability to receive the TSGP grant by preserving the status quo and preventing the disbursement of any TSGP funds until this issue can be resolved. In arguing that they are likely to succeed on the merits, New York cited the recent decision (where NY is also a plaintiff to the suit) in Illinois v. Fed. Emergency Mgmt. Agency, No. 25-CV-00206-WES-PAS, 2025 WL 2716277 (D.R.I. Sept. 24, 2025), in which a federal district court held in a summary judgment order DHS could not lawfully condition the award of federal funds on “requiring state and local recipients to certify that they will assist in enforcing federal immigration law.” New York also cited Illinois v. Noem, No. 25-CV-00495 (D.R.I. Sept. 29, 2025), another lawsuit which it is a plaintiff to and that challenged FEMA’s decision to reallocate millions of dollars in emergency preparedness grants. The judge in that case granted a TRO.

After oral argument on October 1, 2025, the court granted New York’s motion for TRO. The order temporarily blocked Defendants from processing, returning to the U.S. Treasury, or otherwise making unavailable more than $49, 801, 500 of the $83,700,000 that Congress appropriated to FEMA and was slated by DHS for TSGP. The TRO expired on October 15, 2025, at 11:59 PM.

The Defendants filed a motion in opposition to the TRO on October 6. They contended that “the funds at issue lapsed on September 30, 2025, and have already been fully obligated to other recipients.” Therefore, New York’s claims were moot, and the court lacked subject matter jurisdiction to consider them. In the alternative, even if New York could establish jurisdiction, the Defendants argued the court should still deny the motion because New York “cannot establish entitlement to such a drastic and extraordinary remedy.” Oral argument was held on the motion on October 9.

With the consent of the parties, the court consolidated the Plaintiff’s motion for preliminary injunction with the trial on the merit, and tried the case on the existing record. The next day, on October 16, 2025, the court issued final judgment against the US Government and converted the October 1 TRO to a permanent injunction, requiring the federal government to grant the withheld funds to New York. 2025 WL 2939119. The court found the withholding of the TSGP funds to be “arbitrary, capricious, and a blatant violation of the law.”

The case is closed.

Summary Authors

Claire Pollard (10/1/2025)

Madena Mustafa (10/17/2025)

Related Cases

State of Illinois v. Federal Emergency Management Agency, District of Rhode Island (2025)

State of Illinois v. Noem, District of Rhode Island (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71507608/parties/state-of-new-york-v-noem/


Judge(s)

Kaplan, Lewis A. (New York)

Attorney for Plaintiff

Dona, Julie (New York)

Muqaddam, Rabia Claire (New York)

Attorney for Defendant

Oestericher, Jeffrey Stuart (New York)

Expert/Monitor/Master/Other

Davies, Jamison Michael (New York)

show all people

Documents in the Clearinghouse

Document
2

1:25-cv-08106

Temporary Restraining Order

Sept. 30, 2025

Sept. 30, 2025

1

1:25-cv-08106

Complaint

U.S. District Court for the Eastern District of New York

Sept. 30, 2025

Sept. 30, 2025

Complaint
11

1:25-cv-08106

Complaint

Oct. 1, 2025

Oct. 1, 2025

Complaint
36

1:25-cv-08106

Judgment

Oct. 16, 2025

Oct. 16, 2025

35

1:25-cv-08106

Memorandum & Opinion

Oct. 16, 2025

Oct. 16, 2025

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71507608/state-of-new-york-v-noem/

Last updated Oct. 21, 2025, 1:20 p.m.

ECF Number Description Date Link Date / Link
1

FILING ERROR - DEFICIENT PLEADING - PDF ERROR - COMPLAINT against All Defendants. (Filing Fee $ 405.00, Receipt Number BNYSDC-31790125)Document filed by STATE OF NEW YORK. (Attachments: # 1 Exhibit Exhibit 1 to Complaint).(Muqaddam, Rabia) Modified on 10/1/2025 (pc). (Entered: 09/30/2025)

1 Exhibit Exhibit 1 to Complaint

View on RECAP

Sept. 30, 2025

Sept. 30, 2025

Clearinghouse
2

EMERGENCY MOTION for Temporary Restraining Order By the State of New York. Document filed by STATE OF NEW YORK..(Muqaddam, Rabia) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

Clearinghouse
3

AFFIRMATION of Rabia Muqaddam in Support re: 2 EMERGENCY MOTION for Temporary Restraining Order By the State of New York.. Document filed by STATE OF NEW YORK. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5).(Muqaddam, Rabia) (Entered: 09/30/2025)

1

View on RECAP

2

View on RECAP

3

View on RECAP

Sept. 30, 2025

Sept. 30, 2025

PACER
4

PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by STATE OF NEW YORK. Related Document Number: 2 ..(Muqaddam, Rabia) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

RECAP
5

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Homeland Security, re: 1 Complaint. Document filed by STATE OF NEW YORK..(Muqaddam, Rabia) Modified on 10/1/2025 (pc). (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

PACER
6

REQUEST FOR ISSUANCE OF SUMMONS as to Federal Emergency Management Agency, re: 1 Complaint. Document filed by STATE OF NEW YORK..(Muqaddam, Rabia) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

PACER
7

REQUEST FOR ISSUANCE OF SUMMONS as to Kristi Noem, re: 1 Complaint. Document filed by STATE OF NEW YORK..(Muqaddam, Rabia) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

PACER
8

REQUEST FOR ISSUANCE OF SUMMONS as to David Richardson, re: 1 Complaint. Document filed by STATE OF NEW YORK..(Muqaddam, Rabia) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

PACER
9

CIVIL COVER SHEET filed..(Muqaddam, Rabia) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

PACER
10

NOTICE OF APPEARANCE by Stephen Christopher Thompson on behalf of STATE OF NEW YORK..(Thompson, Stephen) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

PACER
11

COMPLAINT against David Richardson, Federal Emergency Management Agency, Kristi Noem, United States Department of Homeland Security. (Filing Fee $ 405.00, Receipt Number ANYSDC-31790969)Document filed by State Of New York. (Attachments: # 1 Exhibit 1).(Muqaddam, Rabia) (Entered: 10/01/2025)

1 Exhibit 1

View on RECAP

Oct. 1, 2025

Oct. 1, 2025

Clearinghouse
12

TEMPORARY RESTRAINING ORDER granting 2 Motion for TRO. It is hereby ORDERED, that defendants, their officers, agents, servants, employees, and attorneys, and all other persons who are in active concert or participation with and of the foregoing and who receive actual notice of this order by personal service or otherwise, be and they hereby are ENJOINED AND RESTRAINED from Obligating, or Disbursing, processing, returning to the U.S. Treasury, or otherwise making unavailable to plaintiff by any means in either case, more than $49,801,500 of the $83,700,000 that (a) Congress appropriated for the Federal Emergency Management Agency ("FEMA") in Title III of Pub. L. 118-47, 138 Stat.460, 607 (Mar. 23, 2024) for the fiscal year that commenced on October 1, 2024, and Pub. L. 119-4 § 1101, for Federal assistance through grants, contracts, cooperative agreements, and other activities, and (b) was slated by the Department of Homeland Security ("DHS") for the Rail and Transit Security Grant Program (the "TSGP"), and it is further ORDERED as follows: Unless otherwise ordered, this TRO shall expire at 11:59 p.m. on October 15, 2025. The continuation of this TRO past October 3, 2025 shall be conditioned on plaintiff posting a bond or other security in the amount of ten dollars. Defendants' papers in opposition to the plaintiff's motion for a preliminary injunction and plaintiff's reply papers shall be filed no later than 4 p.m. on October 6, 2025 and October 8, 2025, respectively. Unless otherwise ordered the Court will hear argument on that motion on October 9, 2025 at 11 a.m.(Signed by Judge Lewis A. Kaplan on 10/1/25) (yv) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

RECAP

Notice to Attorney Regarding Case Opening Statistical Error Correction

Oct. 1, 2025

Oct. 1, 2025

PACER

Notice to Court Regarding Proposed Order

Oct. 1, 2025

Oct. 1, 2025

PACER

Notice to Attorney Regarding Party Modification

Oct. 1, 2025

Oct. 1, 2025

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Oct. 1, 2025

Oct. 1, 2025

PACER

Notice to Attorney Regarding Deficient Pleading

Oct. 1, 2025

Oct. 1, 2025

PACER

Case Opening Initial Assignment Notice

Oct. 1, 2025

Oct. 1, 2025

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)

Oct. 1, 2025

Oct. 1, 2025

PACER

Magistrate Judge Henry J. Ricardo is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)

Oct. 1, 2025

Oct. 1, 2025

PACER

Case Designated ECF. (pc)

Oct. 1, 2025

Oct. 1, 2025

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Rabia Claire Muqaddam to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the All Defendant radio button was selected; caption title reads Eastern District of New York. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 10/6/2025. (pc)

Oct. 1, 2025

Oct. 1, 2025

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Rabia Claire Muqaddam to RE-FILE Document No. 7 Request for Issuance of Summons, 5 Request for Issuance of Summons, 8 Request for Issuance of Summons, 6 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)

Oct. 1, 2025

Oct. 1, 2025

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Rabia Claire Muqaddam. The party information for the following party/parties has been modified: Kristi Noem, DEPARTMENT OF HOMELAND SECURITY, STATE OF NEW YORK, David Richardson, Federal Emergency Management Agency. The information for the party/parties has been modified for the following reason/reasons: party name contained a typo, party name was entered in all caps; party text was omitted;. (pc)

Oct. 1, 2025

Oct. 1, 2025

PACER

***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 4 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)

Oct. 1, 2025

Oct. 1, 2025

PACER

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Rabia Claire Muqaddam. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (pc)

Oct. 1, 2025

Oct. 1, 2025

PACER

Show Cause Hearing set for 10/1/2025 at 02:00 PM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. (Mohan, Andrew)

Oct. 1, 2025

Oct. 1, 2025

PACER

Minute Entry for proceedings held before Judge Lewis A. Kaplan: Oral Argument held on 10/1/2025 re: 2 EMERGENCY MOTION for Temporary Restraining Order By the State of New York. filed by State Of New York. Motion for a TRO granted. See written order. (Court Reporter Doug Colavito) (Mohan, Andrew)

Oct. 1, 2025

Oct. 1, 2025

PACER

Set/Reset Deadlines: ( Responses due by 10/6/2025, Replies due by 10/6/2025.), Set/Reset Hearings:( Oral Argument set for 10/9/2025 at 11:00 AM before Judge Lewis A. Kaplan.) (yv)

Oct. 1, 2025

Oct. 1, 2025

PACER

Transmission to Finance Unit (Cashiers). Transmitted re: 12 Order on Motion for TRO, to the Finance Unit (Cashiers) for case processing.(yv)

Oct. 1, 2025

Oct. 1, 2025

PACER
13

FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 11 Complaint,. Document filed by State Of New York..(Thompson, Stephen) Modified on 10/3/2025 (jgo). (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

PACER
14

REQUEST FOR ISSUANCE OF SUMMONS as to Federal Emergency Management Agency, re: 11 Complaint,. Document filed by State Of New York..(Thompson, Stephen) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

PACER
15

REQUEST FOR ISSUANCE OF SUMMONS as to Kristi Noem, re: 11 Complaint,. Document filed by State Of New York..(Thompson, Stephen) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

PACER
16

REQUEST FOR ISSUANCE OF SUMMONS as to David Richardson, re: 11 Complaint,. Document filed by State Of New York..(Thompson, Stephen) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

PACER

CASHIERS OFFICE REGISTRY DEPOSIT as per 12 Order on Motion for TRO, dated 10/01/2025, from Judge Lewis A. Kaplan, received $10.00 from STATE OF NEW YORK Receipt Number 43617 on 10/2/2025..(bwi)

Oct. 2, 2025

Oct. 2, 2025

PACER

Cashiers Registry Deposit

Oct. 2, 2025

Oct. 2, 2025

PACER
17

NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of David Richardson, Federal Emergency Management Agency, Kristi Noem, United States Department of Homeland Security..(Oestericher, Jeffrey) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

PACER
18

ELECTRONIC SUMMONS ISSUED as to David Richardson..(jgo) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

PACER
19

ELECTRONIC SUMMONS ISSUED as to Federal Emergency Management Agency..(jgo) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

PACER
20

ELECTRONIC SUMMONS ISSUED as to Kristi Noem..(jgo) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

PACER
21

REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 11 Complaint,. Document filed by State Of New York..(Thompson, Stephen) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Oct. 3, 2025

Oct. 3, 2025

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Stephen Christopher Thompson to RE-FILE Document No. 13 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; party name listed on the PDF 'To' field must match exactly as it appears on the pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)

Oct. 3, 2025

Oct. 3, 2025

PACER
22

ELECTRONIC SUMMONS ISSUED as to United States Department of Homeland Security. (vf) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

PACER
23

CERTIFICATE OF SERVICE of Summons and Complaint, served. David Richardson served on 10/6/2025, answer due 12/5/2025; Federal Emergency Management Agency served on 10/6/2025, answer due 12/5/2025; Kristi Noem served on 10/6/2025, answer due 12/5/2025; United States Department of Homeland Security served on 10/6/2025, answer due 12/5/2025. Service was made by Mail. Document filed by State Of New York..(Thompson, Stephen) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

PACER
24

DECLARATION of David Arnold in Opposition re: 2 EMERGENCY MOTION for Temporary Restraining Order By the State of New York.. Document filed by David Richardson, Federal Emergency Management Agency, Kristi Noem, United States Department of Homeland Security..(Oestericher, Jeffrey) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

RECAP
25

MEMORANDUM OF LAW in Opposition re: 2 EMERGENCY MOTION for Temporary Restraining Order By the State of New York. . Document filed by David Richardson, Federal Emergency Management Agency, Kristi Noem, United States Department of Homeland Security..(Oestericher, Jeffrey) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

RECAP
26

NOTICE OF APPEARANCE by Jamison Michael Isaac Davies on behalf of CITY OF NEW YORK..(Davies, Jamison) (Entered: 10/07/2025)

Oct. 7, 2025

Oct. 7, 2025

PACER
27

FIRST MOTION to File Amicus Brief . Document filed by CITY OF NEW YORK. (Attachments: # 1 Exhibit Proposed Amicus Brief).(Davies, Jamison) (Entered: 10/07/2025)

Oct. 7, 2025

Oct. 7, 2025

PACER
28

REPLY MEMORANDUM OF LAW in Support re: 2 EMERGENCY MOTION for Temporary Restraining Order By the State of New York. . Document filed by State Of New York..(Thompson, Stephen) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

RECAP
29

MEMO ENDORSED ORDER granting 27 Motion to File Amicus Brief. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/8/25) (yv) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

RECAP
30

NOTICE OF APPEARANCE by Julie Dona on behalf of State Of New York..(Dona, Julie) (Entered: 10/09/2025)

Oct. 9, 2025

Oct. 9, 2025

PACER
31

LETTER addressed to Judge Lewis A. Kaplan from AUSA Jeffrey Oestericher dated 10/09/2025 re: Consolidation of the PI Hearing with a Trial on the Merits. Document filed by David Richardson, Federal Emergency Management Agency, Kristi Noem, United States Department of Homeland Security..(Oestericher, Jeffrey) (Entered: 10/09/2025)

Oct. 9, 2025

Oct. 9, 2025

RECAP

Oral Argument

Oct. 9, 2025

Oct. 9, 2025

PACER

Minute Entry for proceedings held before Judge Lewis A. Kaplan: Oral Argument held on 10/9/2025 re: 2 EMERGENCY MOTION for Temporary Restraining Order By the State of New York. filed by State Of New York. (Court Reporter Carly Davis) (Mohan, Andrew)

Oct. 9, 2025

Oct. 9, 2025

PACER
32

MEMO ENDORSEMENT on re: 31 Letter Consolidation of the PI Hearing with a Trial on the Merits, filed by Federal Emergency Management Agency, David Richardson, Kristi Noem, United States Department of Homeland Security. ENDORSEMENT : The Court appreciates the government's letter. Nevertheless, it is not entirely responsive to the question requiring answer: "THE COURT: Well, it's up to the parties to decide what they want to put before me. My days as a trial lawyer are 31 years ago. "Are you prepared to have me try the case on the Existing record, and to whatever extent there may be inferences that need to be drawn one way or another, or credibility issues or anything like that, to make those findings on the present record?" Tr., 10/9/2025, at 17:16-23. The Court would be obliged for an answer today. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/10/25) (yv) (Entered: 10/10/2025)

Oct. 10, 2025

Oct. 10, 2025

PACER
33

LETTER addressed to Judge Lewis A. Kaplan from AUSA Jeffrey Oestericher dated 10/10/2025 re: Trying the Case Based on the Existing Record. Document filed by David Richardson, Federal Emergency Management Agency, Kristi Noem, United States Department of Homeland Security..(Oestericher, Jeffrey) (Entered: 10/10/2025)

Oct. 10, 2025

Oct. 10, 2025

RECAP
34

ORDER Plaintiff's motion for a preliminaiy injunction is hereby consolidated with the trial on the merits and the case will be tried on the existing record, both with the consent of the parties. In order to afford adequate time to rule properly, the temporary restraining order entered herein on October 1, 2025 is hereby extended to and including October 22, 2025. (Signed by Judge Lewis A. Kaplan on 10/15/2025) (Mohan, Andrew) (Entered: 10/15/2025)

Oct. 15, 2025

Oct. 15, 2025

RECAP
35

MEMORANDUM OPINION. The foregoing constitute the Courts findings of fact and conclusions of law. Plaintiff having applied for a preliminary and permanent injunction, the parties having consented to the Court ruling finally on plaintiffs first cause of action ("Violation of the Administrative Procedure Act Arbitrary and Capricious Agency Action"), and the Court having found that plaintiff has established (1) actual success on the merits of its claim, (2) irreparable harm, and (3) the balance of the equities and the public interest weigh in plaintiff's favor, it is hereby ORDERED as follows: 1.Plaintiff shall have judgment against defendants as reflected in the FINAL JUDGMENT OF PERMANENT INJUNCTION dated October 15, 2025. 2.The temporary restraining order entered herein on October 1, 2025, and extended earlier on October 15, 2025, is terminated upon entry of the FINAL JUDGMENT OF PERMANENT INJUNCTION. 3.The Clerk shall close the case. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/15/25) (yv) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

Clearinghouse
36

FINAL JUDGMENT AND PERMANENT INJUNCTION. It is hereby ORDERED, ADJUDGED AND DECREED "MTAFY2025 TSGP Grant" means $33,898,500 of the $83,700,000 that (a) Congress appropriated for the Federal Emergency Management Agency in Title III of Pub. L. 118-47, 138 Stat, 460, 607 (Mar. 23, 2024) and Pub. L. No. 119-4, § 1101(a)(6), 139 Stat. 9, 11 (Mar. 15, 2025), for FY 2025, for Federal assistance through grants, contracts, cooperative agreements, and other activities, and (b) was slated by the Department of Homeland Security for the Transit Security Grant Program. Defendants shall grant and obligate to the MTA the MTA FY 2025 TSGP Grant, and promptly disburse to the MTA all allowable costs for which the MTA seeks payment from the MTA FY 2025 TSGP Grant. This Final Judgment of Permanent Injunction binds each of the defendants and, in accordance with Federal Rule of Civil Procedure 65( d)(2), each of their officers, agents, servants, employees, and attorneys, and other persons who are in active concert and participation with any of the foregoing who receive actual notice hereof by personal service or otherwise. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/15/25) (yv) (Entered: 10/16/2025)

Oct. 16, 2025

Oct. 16, 2025

Clearinghouse

Case Details

State / Territory: New York

Case Type(s):

Presidential/Gubernatorial Authority

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Sept. 30, 2025

Closing Date: Oct. 16, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The State of New York

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security (District of Columbia), Federal

Federal Emergency Management Agency (District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General/Misc.:

Funding

Immigration/Border:

Sanctuary city/state