FTA removes ICE-related mandate from grant agreements

The Federal Transit Administration last week announced it amended a contract condition in grant agreements that earlier this year required grant recipients to cooperate with federal officials in enforcing immigration laws.

The FTA's announcement is in response to a Nov. 4 decision in which a federal judge ruled that the U.S. Department of Transportation's order mandating grant recipients to cooperate with immigration enforcement by federal officials is unlawful, FTA officials said in a press release.

The court ruling responded to a lawsuit from several states after Transportation Secretary Sean Duffy informed grant recipients in an April letter that as recipients of federal funds they are legally obligated to comply with all applicable federal laws and regulations, including cooperating with U.S. Immigration and Customs Enforcement (ICE) and other federal offices and components of the Department of Homeland Security in the enforcement of federal immigration law. 

The amendment, however, could change if the Trump administration challenges the ruling or applicability of the ruling beyond the immediate plaintiffs, according to a legal analysis by the National Association of Counties.

In addition to immigration enforcement, Duffy’s letter also stated that the department would similarly look to condition federal grant dollars on recipients not enforcing diversity, equity and inclusion (DEI) policies, especially in contracting. Last month’s ruling applies only to the immigration portion of Duffy's letter, according to the association.