Colorado sues Trump administration over disaster relief funding

Colorado joined 11 other states in a lawsuit against the Department of Homeland Security and the Federal Emergency Management Agency over grant funding for emergency and disaster relief.

The lawsuit, which also named DHS Secretary Kristi Noem and acting FEMA administrator David Richardson, alleged the agencies and the Trump administration imposed “illegal and impossible-to-meet” terms in the Emergency Management Performance and Homeland Security grant programs that had not been in place during prior administrations and created unnecessary obstacles to obtaining funds that have already been allocated by Congress.

The grants provide funding to strengthen states’ emergency management, disaster preparedness and recovery, and cybersecurity infrastructure.

Colorado is supposed to receive roughly $30 million in financing for two grants, but the state’s Department of Homeland Security and Emergency Management has not yet to receive either due to the newly imposed grant terms.

“The Trump administration’s reckless and lawless actions to undermine emergency management and disaster funding are designed to harm Colorado and other states that won’t be bullied,” said Attorney Phil Weiser. “Playing political games with preparedness funding is appalling — these are funds that Colorado is entitled to use and needs to prepare for, respond to, and recover from disasters like wildfires and floods.”

Weiser is running for governor against U.S. Sen. Michael Bennet in the Democratic primary. Since January, Weiser’s office has filed more than 40 lawsuits against the Trump administration.

The latest case revolves around a requirement that states submit population counts omitting people removed under immigration law in order to receive emergency management funds.

In a statement to The Associated Press, a Homeland Security spokesperson said the changes were “part of a methodical, reasonable effort to ensure that federal dollars are used effectively and in line with the administration’s priorities and today’s homeland security threats.”

FEMA awards billions in emergency management and homeland security grants annually to states, tribes and territories. State and local agencies spend the money on staff salaries, preparedness training and equipment purchases.

The lawsuit centers on two grant programs, the $320 million Emergency Management Performance Grant and the $1 billion Homeland Security Grant Program.

EMPG awards are based on states’ populations, determined through U.S. Census data. States received notices of their award amounts just before the Sept. 30 end of the fiscal year.

On Oct. 1, FEMA sent a “funding hold” to all grant recipients, informing them that funds would not be released until states provided “certification” of their current populations, excluding individuals “removed from the State pursuant to the immigration laws of the United States.”

FEMA said states had to explain their methodology and funds would be released upon “review and approval” of that methodology.

FEMA also shortened the time states had to spend the money from both grants from three years to just one.


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