The cities of Chicago, Boston, Denver, San Francisco, and Seattle brought this action against the Department of Homeland Security and the Secretary of Homeland Security to enjoin the Trump administration's freeze on funding under the Securing the Cities counterterrorism program. Congress created the program to prevent nuclear and other terrorist attacks in high-risk urban areas, requiring DHS to provide resources to local governments through cooperative agreements. Until early 2025, DHS routinely reimbursed Plaintiffs within days for approved expenditures. Beginning in February 2025, however, DHS stopped processing reimbursements despite acknowledging that Plaintiffs’ requests were approved. DHS employees told Plaintiffs that “all” payments were “on pause,” and on May 14, 2025, DHS directed Securing the Cities regions to halt purchases of nuclear and radiological detection equipment due to supposed “funding constraints.” DHS has also failed to issue new awards for 2025, creating the risk that Plaintiffs’ programs will collapse when their current budget periods expire.
Plaintiffs argue that this freeze has already impaired public safety by forcing cancellations of vendor work and critical training. Plaintiffs contend DHS’s funding freeze is unlawful and unconstitutional. They argue the Constitution gives Congress exclusive power to appropriate funds and requires the executive branch to carry out those laws, not withhold them. They further argue that DHS has violated the Administrative Procedure Act by failing to reimburse approved requests within 30 days, as required by regulation, and by withholding funds without any finding that the requests were improper. Plaintiffs seek declaratory and injunctive relief.
