By Matthew Holloway |

The Arizona Department of Homeland Security (AZDHS) has joined a lawsuit brought by 12 states that challenges the terms set by the Trump administration and FEMA for two federal grants that impact the prevention and response to terrorist attacks, securing the southern border, and bolstering emergency management capabilities.

The lawsuit, filed on November 4th was touted by Democrat Attorney General Kris Mayes as “the 30th lawsuit the Attorney General of Arizona has joined to stop the Trump administration’s federal overreach.” It argues that the grant terms in the Emergency Management Performance Grant (EMPG) and Homeland Security Grant Program (HSPG) depart from past practices, essentially making it more difficult for state, local, and Tribal partners to obtain and use the federal grant funds.

Mayes complained at the time, “The Trump administration is trying to claw back money we use to protect the border, including for protective equipment and vehicles for law enforcement on the ground, and to support emergency preparedness and terrorism response preparation. They are also trying to withhold 50% of the funds we use to respond to emergencies in Arizona.”

“Local, state, and Tribal public safety agencies rely on funding from the Homeland Security Grant Program to effectively protect Arizonans from vulnerabilities bad actors may wish to exploit,” AZDHS Director, Dr. Kim O’Connor said in a statement. “This funding is absolutely essential in keeping our citizens and communities safe.”

The lawsuit points to two of the imposed terms as “at issue”:

• “A hold on EMPG funding until the State provides FEMA with ‘a certification of the recipient state’s population as of September 30, 2025,’ including an explanation of ‘the methodology it used to determine its population and certify that its reported population does not include individuals that have been removed from the State pursuant to the immigration laws of the United States.’”
• “A reduction of the period of performance, i.e., the period in which grant recipients must complete all activities to be reimbursed, from three years to one year.”

The state attorney’s general argue that the accurate determination of a state’s population of lawful inhabitants “exceeds” the federal government’s “statutory authority, as no statute permits Defendants to impose such a hold,” “is contrary to law because 13 U.S.C. § 183 requires federal agencies to use U.S. Census Bureau data to allocate federal grant funding,” and “is arbitrary and capricious in violation of the Administrative Procedure Act (“APA”) because it is unexplained, does not reflect reasoned decision making, and ignores the States’ reliance interests on receipt of the EMPG funds unimpeded.” Finally, they argue that the action was issued without following procedural requirements.

Reasoning for these requirements is, however, provided in the FY 2025 DHS Standard Terms and Conditions, which states “compliance with this term is material to the Government’s decision to make or continue with this award and that the Department of Homeland Security may terminate this grant, or take any other allowable enforcement action.”

Mayes also appears aware of another facet of the administration’s reasoning, as stated in her November 4th statement: “the Trump administration has attempted to reduce FEMA’s role and shift the burden of emergency management to the States.”

President Trump noted during a June announcement in the Oval Office that his administration “want(s) to wean off of FEMA and we want to bring it down to the state level.” He added that states should be equipped to handle disasters directly, noting that he wants to “give out less money,” and to “give it out directly,” according to the Associated Press. He further placed the onus for disaster response onto state governors saying, “The governor should be able to handle it and frankly if they can’t handle the aftermath, then maybe they shouldn’t be governor.”

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.