Federal judge orders Trump administration to turn over $34M to MTA

A federal judge has ordered the Trump administration to restore $34 million in Homeland Security grants to the MTA, arguing the decision to pull the funds earlier this month was "arbitrary and capricious" and endangered the lives of millions of commuters, including those riding the Long Island Rail Road.

In his 28-page ruling, U.S. District Judge Lewis J. Liman chided the Trump administration for pulling a promised $34 million allocation from the Federal Emergency Management Agency’s Transit Security Grant Program (TSGP) for no other reason than New York being a "sanctuary city," offering refuge to undocumented immigrants — even as other cities with similar immigration policies did not lose their grant funding.

Liman noted that the grant program, established in response to the Sept. 11, 2001, terror attacks, aimed to help transit systems that could be potential terror targets.

The decision came in response to a lawsuit filed last month by New York Attorney General Letitia James.

"By statute, TSGP funds must be awarded ‘solely based on risk.’ In accord with that mandate, the Metropolitan Transportation Authority — a New York State public authority — consistently has received the largest grants among all TSGP recipients. Until this year," Liman wrote.

In ordering the federal government to turn over the $34 million to the MTA, Liman wrote that the Trump administration’s decision to withhold the funding was "arbitrary, capricious and a blatant violation of the law" and, if allowed to stand, would be "endangering those whom that funding was intended to protect."

A spokesperson for the Department of Homeland Security said, "Radical sanctuary politicians need to put the safety of the American people first — not criminal illegal aliens. The Trump Administration is committed to restoring the rule of law. No lawsuit, not this one or any other, is going to stop us from doing that."

Rep. Andrew Garbarino (R-Bayport), who chairs the House Homeland Security Committee, called New York a "global top terror target" and said TSGP "is critically important for New York City in its efforts to combat evolving threats to the traveling public."

In a joint statement, James and Gov. Kathy Hochul called the ruling "a victory for every New Yorker who rides our subways, buses and commuter rails." They said, "A court has once again affirmed that this administration cannot punish New York by arbitrarily wiping out critical security resources and defunding law enforcement that keeps riders safe."

MTA Chief Security Officer Michael Kemper said he was also "pleased" with the decision.

"The success and safety of the nation’s largest city and transit system is critical, and New Yorkers expect that their hard-earned federal tax dollars are invested back in keeping riders safe," Kemper said in a statement.

Hochul and MTA officials have said the Trump administration has singled out New York for funding in retaliation for Democratic lawmakers’ refusal to vote in favor of a measure to end the ongoing federal government shutdown. The respective Democratic leaders of the House and Senate, Rep. Hakeem Jeffries and Sen. Chuck Schumer, are both based in New York City.

DHS Secretary Kristi Noem separately moved to block $187 million in security funding from New York. Following a phone conversation with Hochul, Trump restored the funding.

At a Manhattan news conference Thursday, Hochul called the Trump administration's move "a shameless attempt to extract revenge on a blue state that happens to have the busiest, most at-risk transit system in the entire country."

By Alfonso A. Castillo

alfonso.castillo@newsday.com@alfonsoreports

Alfonso Castillo has been reporting for Newsday since 1999 and covering the transportation beat since 2008. He grew up in the Bronx and Queens and now lives in Valley Stream with his wife and two sons.