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Attorney General Mayes Files Lawsuit Challenging Illegal Terms to FEMA Grants, 30th to Limit Trump Administration's Federal Overreach

Press Release - Attorney General Kris Mayes

PHOENIX – Today, Attorney General Kris Mayes joined a coalition of 12 states in a suit against Secretary Kristi Noem, the Department of Homeland Security, Secretary David Richardson, and the Federal Emergency Management Agency (FEMA) for, once again, interfering with grants already promised to the states for emergency management, disaster-relief, and homeland security operations. This is the 30th lawsuit the Attorney General of Arizona has joined to stop the Trump administration's federal overreach. More than $83 million in Arizona's emergency preparedness funding is at risk. 

"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," said Attorney General Mayes. "This is the 30th lawsuit my office has filed and it's a prime example of why I am stepping in-- to stop the harm to our law enforcement and frontline responders, while protecting funding for Arizona to secure the border and respond to threats." 

Since taking office in January, the Trump administration has attempted to reduce FEMA’s role and shift the burden of emergency management to the States by denying or restricting requests for emergency declarations, withholding grant funding, and imposing irrelevant and unconstitutional terms on recipients of long-standing FEMA grants. Many of these illegal actions have been successfully challenged in court. Attorney General Mayes has won multiple court orders protecting FEMA funding for Arizona. 

The coalition maintains that the Trump Administration included illegal and impossible-to-meet grant terms in the Emergency Management Performance Grant (EMPG) and the Homeland Security Grant Program (HSGP) that depart from past practice and serve only as obstacles in obtaining and using the funding as previously promised.

These grants fund a substantial portion of the State’s emergency management apparatus: 

  • The Emergency Management Performance Grant (EMPG) award funds 50% of Arizona’s state emergency management functions and services. Arizona distributes a significant portion of its EMPG funding to local emergency management agencies that use those funds for preparedness and training, community and environmental risk reduction, and capacity and capability-building activities to support Arizona overall and down to the local community level.
     
  • In Arizona, Operation Stonegarden (OPSG)  grants, also at risk, are utilized by state, local, and tribal law enforcement to enhance border security. This includes equipment purchases (for instance, 4x4 vehicles and interdiction equipment) and staffing overtime
     
  • Arizona uses another grant at risk here, State Homeland Security Program (“SHSP”), for preventing, protecting, responding to, and recovering from acts of terrorism and hazards. For example, SHSP funds support the following types of projects on a statewide basis: intelligence analyst personnel, threat liaison officer training, communications equipment, regional training and exercise programs, bomb squad equipment and training, Community Emergency Response Team (CERT)team equipment and training, (Special Weapons and Tactics) SWAT team equipment and training, license plate reader systems, regional camera systems, cybersecurity tools, and ballistic equipment for fire departments and law enforcement special operations teams.
     
  • In Arizona, the “Phoenix Urban Area” utilizes these Urban Area Security Initiative (UASI) funds to support preventing, protecting against, responding to, and recovering from acts of terrorism and all hazards. For example, UASI funds support for things like intelligence analyst personnel; software that promotes intelligence and information sharing; equipment and training for regional response teams, including for bomb, SWAT, (Hazardous Materials) HazMat, and technical rescue teams; specialized all hazards incident management training; threat liaison officer training and equipment; regional camera systems to support intelligence and information sharing at Special Event Assessment Rating (SEAR) rated events; cybersecurity tools; and CERT training and equipment.

A copy of the complaint is available here.

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