Plaintiffs, local government entities responsible for emergency management and public safety, bring this action against Defendants the U.S. Department of Homeland Security (DHS), the Federal Emergency Management Agency (FEMA), and their officials in their official capacities. Plaintiffs challenge DHS’s imposition of new “Standard Terms and Conditions” on federal disaster-preparedness and recovery grants, which require adherence to the Administration’s political agenda through disputed anti-discrimination, immigration cooperation, and executive order compliance requirements. Plaintiffs allege these conditions are unlawful because they exceed the Executive Branch’s statutory authority, violate the separation of powers, and impose unconstitutional conditions on federal funding in contravention of the Spending Clause and the Administrative Procedure Act. Plaintiffs seek declaratory and injunctive relief to set aside the challenged conditions and bar Defendants from applying or enforcing them in connection with their DHS and FEMA grants.
