“Once again, the administration is attempting to seize Congress’ power of the purse – this time at the expense of immigrant communities and vital infrastructure projects,” said AG James. “DOT’s blatant overreach threatens to divert critical resources away from public safety and undermine projects that keep our communities connected and safe. We won’t allow the federal government to hold essential funding hostage to advance a political agenda.”

For over a century, Congress has provided federal funding to states to develop and maintain safe, reliable, and effective transportation infrastructure. Each year, state and local governments receive over $100 billion to build and maintain roads, highways, railways, airways, and bridges that connect communities and help residents travel to work and home. All of this funding is congressionally allocated, with no statutory immigration enforcement conditions attached.

The coalition alleges that Sec. Duffy and DOT are attempting to seize control of federal funds by imposing an immigration enforcement condition on transportation funding, including funding intended to protect firefighters, repair roads and highways, and ensure safe air travel – funds that have no connection to civil immigration enforcement. The attorneys general contend that the directive has no legal basis and is unconstitutionally coercive, forcing states to choose between protecting public safety and receiving essential federal funding.

The attorneys general argue that DOT’s unlawful conditions put billions in federal funding necessary for vital public safety and reliable transportation projects at risk, including those that prevent injuries and deaths from traffic accidents, protect riders from train collisions, and help improve airport safety measures—a concern underscored by recent staffing and infrastructure issues at Newark Liberty International Airport that left thousands stranded and exposed critical vulnerabilities in the airport’s aging systems. Among the programs at risk due to this mandate are:

• Federal-Aid Highway Program, which allocates over $100 billion annually for highway maintenance, safety improvements, and bridge repairs;
• Federal Transit Administration’s grant programs, which sustain public transit systems that millions of Americans rely on;
• Federal Railroad Administration’s Rail Crossing Elimination Grant Program, which funds crucial safety upgrades to prevent accidents and fatalities; and,
• Federal Aviation Administration’s Airport Improvement Program, which finances safety enhancements and infrastructure expansions at airports nationwide.
Without these funds, states will have to scale back or end several critical programs and projects. The attorneys general warn that without these funds, “more cars, planes, and trains will crash,” as vital safety projects are halted or delayed.

New York receives more than $5 billion annually in DOT funding, including $2.8 billion in federal highway funds, $2.3 billion in public transportation funding, $215 million in rail improvement funding, $18.8 million in highway safety funding and $8.7 million in airport improvement funding.

Published: May 13, 2025