(filed May 13, 2025)
State of Illinois et al. v. Federal Emergency Management Agency et al. - States challenged the Federal Emergency Management Agency (FEMA) funding conditions requiring cooperation with federal immigration enforcement. On July 2, 2025, an amended complaint was filed to add more states. On September 24, 2025, a federal court issued a permanent injunction against FEMA and granted the states summary judgment. As such, the conditions were set aside by the court and they cannot be enforced against the states. On October 14, 2025, the federal court granted the states’ motion to enforce because, after the permanent injunction, DHS continued to include the same conditions in its grants, thereby forcing states to agree to cooperate with federal immigration enforcement. The government also added a triggering clause that if the conditions were stayed, vacated, or extinguished, then the conditions would immediately take effect. On November 21, 2025, the government gave notice of its appeal to the First Circuit Court of Appeals (No. 25-2131). The federal court case and appeal is ongoing.
Note shortly after the states won summary judgment; the government reduced funding awards to these states, reduced the period of performance, and added a population certification. The states sued in Illinois v. Noem. On December 22, 2025, the federal court granted the states’ motion for summary judgment. The government appealed to the First Circuit Court of Appeals, but the government voluntarily dismissed the appeal on May 5, 2026.
However, note that on July 23, 2026, the same states sued DHS/FEMA again, in Illinois v. FEMA (2026), challenging the same conditions that were added in fiscal year 2025 and new conditions that were added. This federal case is also ongoing.