Marin County Challenges Trump Administration Over 'Unconstitutional' Federal Grant Requirements

MARIN COUNTY, CA — Marin County is suing the government over "unlawful attempts" by the Trump administration to force local governments receiving federal grants to impose federal policies using local funds.

Marin County is among a dozen public agencies to join a lawsuit against the Department of Homeland Security, the Federal Emergency Management Agency, and the heads of those agencies.

The lawsuit, County of Santa Clara v. Noem, challenges unlawful attempts by the Trump administration to require local governments receiving DHS and FEMA grants to use local resources to implement federal policies.

“This federal funding is critical for the operation of the County’s Office of Emergency Management and plays an essential role in our ability to respond to disasters,” said County Counsel Brian Washington. “The DEI-related conditions have no connection to the grant programs at issue and far exceed the authority delegated by Congress to DHS.”

Plaintiffs assert that federal mandates compelling local agencies to enforce immigration laws infringe upon multiple constitutional provisions. These include the 10th Amendment, the Spending Clause, the separation of powers doctrine, and the Fifth Amendment's due process protections.

New conditions have been implemented concerning diversity, equity, and inclusion and immigration. The DEI condition prohibits Department of Homeland Security grantees from operating programs that promote DEI. Concurrently, the immigration condition mandates that grantees cooperate with federal immigration enforcement officials, which includes sharing information and resources, as well as participating in joint enforcement operations.

Marin County annually receives over $12.5 million from DHS and FEMA for hazard mitigation, emergency preparedness, alert systems, and emergency response. In fiscal year 2023-24, the County received more than $5.5 million in DHS grants and over $7 million in FEMA funding for disaster response. An additional $22 million in DHS/FEMA funding has been requested for flood mitigation in Santa Venetia, an area vulnerable to rising San Francisco Bay waters.

For decades, Marin County and its partners have worked to prepare communities for natural threats like wildfires, earthquakes and sea level rise, emphasizing equitable access to federally funded resources.

Marin County's sanctuary designation is rooted in its adherence to state law, which restricts the deployment of local resources for federal immigration enforcement.

“Joining this lawsuit helps protect the County’s critical federal funding,” said Mary Sackett, Board of Supervisors President. “We’re proud to stand in solidarity with local governments across the country defending our rights to govern locally and uphold public safety without fear or intimidation.”