White House announces plan to suspend federal funding to certain counties over immigration policies
Key Takeaways
On January 13, President Donald Trump announced plans to suspend federal funding to certain jurisdictions identified by the U.S. Department of Justice (DOJ) as impeding federal immigration enforcement. The DOJ list of jurisdictions subject to potential funding suspension includes states, cities and counties.
What is a 'sancturary jurisdiction'?
According to the DOJ, sanctuary jurisdictions are characterized by formal policies, laws or public declarations that limit cooperation with federal immigration authorities. These policies may include restricting information sharing with U.S. Immigration and Customs Enforcement (ICE), declining to honor ICE detainer requests without a judicial warrant and limiting ICE access to local detention facilities. DOJ also cites practices such as prohibiting the use of local funds or personnel for federal immigration enforcement, providing guidance to employees on non-cooperation, establishing immigrant affairs offices and offering locally funded benefits or services to undocumented immigrants.
There is currently no federal law that mandates what local governments must do when it comes to enforcement of immigration laws. Some counties have faced lawsuits for honoring ICE detainers without judicial warrants – raising Fourth Amendment concerns over unlawful detention. In contrast, certain states have laws mandating compliance, and the Fifth Circuit Court of Appeals has upheld such state mandates as constitutional (City of El Cenizo v. Texas), and doing so does not violate the Fourth Amendment.
Previous efforts by the White House to withhold federal funding based on state or local immigration policies have been met with legal challenges. In past cases, federal courts have issued injunctions preventing the administration from freezing funds to specific jurisdictions, citing concerns about executive authority and statutory limitations.
NACo strongly recommends that counties consult with legal counsel to assess potential risks and ensure that any immigration-related policies are consistent with applicable state and federal laws. NACo will continue to monitor developments and provide updates as additional details become available.
Advocacy
DOJ releases updated list of designated sanctuary jurisdictions
On August 5, the U.S. Department of Justice (DOJ) published an updated list of designated “sanctuary jurisdictions” following the Administration’s Protecting American Communities from Criminal Aliens Executive Order.
Related News
White House Releases Budget Request for FY 2027: Top Highlights for Counties
On April 3, the White House released the Fiscal Year (FY) 2027 budget request, outlining the administration's proposals for budgetary spending for the fiscal year beginning October 1, 2026. The President’s budget requests cutting non-defense discretionary funding by 10 percent, or $73 billion. This budget proposal reflects the administration’s priorities but is unlikely to be passed in its current form and will need to be approved by Congress to be implemented.
White House issues Executive Order on mail-in ballot procedures and citizenship verification
White House issues Executive Order on mail-in ballot procedures and citizenship verification
Gulf counties receive more than $92 million in revenue sharing from offshore energy projects
On March 27, the U.S. Department of the Interior (DOI) announced hundreds of millions of dollars in revenue sharing from Gulf energy projects, including more than $92 million which will be distributed directly to 42 coastal counties and parishes and Texas, Louisiana, Alabama and Mississippi. The revenue is generated from offshore oil and gas projects on the federally managed Gulf Outer Continental Shelf, and a portion is redirected to states and counties.