Washington Sues Trump DHS Over Canceled Migrant Shelter Funds
State AG Nick Brown accuses DHS and FEMA of violating the Constitution by blocking $4.36 million in congressionally approved shelter aid for migrants.
WASHINGTON — Washington Attorney General Nick Brown has filed a lawsuit against the Department of Homeland Security (DHS) and the Federal Emergency Management Agency (FEMA), accusing the agencies of unlawfully canceling $4.36 million in federal shelter funding for migrants. The suit, filed in the U.S. District Court for the Western District of Washington, claims the Trump administration’s termination of the congressionally approved funds violates both constitutional and statutory law.
At the center of the dispute is the Shelter and Services Program (SSP), a FEMA-administered grant designed to support states and localities in providing shelter, food, and services to migrants released from DHS custody. The complaint asserts that the funds were legally appropriated by Congress and formally awarded to Washington, but were frozen and terminated by FEMA before the state could draw down any funds
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Brown argues that the administration’s actions violate the Constitution’s Appropriations Clause and separation of powers doctrine by overriding congressional authority over federal spending. The lawsuit also cites violations of the Administrative Procedure Act, calling FEMA’s cancellation of the funds “arbitrary, capricious, an abuse of discretion, and not in accordance with law” .
According to the complaint, Congress established the SSP in 2019 with bipartisan support, in response to overcrowding in short-term detention facilities. Washington was awarded $4,363,803.96 in FY 2024, after applying through FEMA’s formal application process and submitting all required documentation. But in June 2025, the state was informed that FEMA had “deobligated” the funds entirely, without advance notice or explanation, and without offering a meaningful opportunity to appeal .
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The lawsuit emphasizes the growing strain on Washington’s housing and shelter systems, which have been overwhelmed by the arrival of over 45,000 migrants in 2024—up from just over 4,000 in 2022. The state launched its own support program, the WA MASS Project, and appropriated $25 million to assist with shelter, food, and healthcare. But the now-canceled federal funds were intended to supplement that effort .
Brown is asking the court to declare DHS and FEMA’s actions unlawful and unconstitutional, and to order the restoration of the funding.
“That means the administration can’t refuse to pay out funds already approved by Congress ‘simply because of policy objections’”, Brown said in a statement announcing the lawsuit.
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