New York Attorney General Letitia James has filed a lawsuit and an emergency motion for a temporary restraining order against Secretary Kristi Noem and the U.S. Department of Homeland Security (DHS). The legal action follows DHS’s decision to withhold nearly $34 million in federal funds requested by the Metropolitan Transportation Authority (MTA) under the Transit Security Grant Program (TSGP).
The TSGP was established after September 11, 2001, to help high-risk transit systems like New York’s MTA prepare for and respond to terrorist threats. According to federal law, eligibility for these funds must be determined “solely on risk” of attack. Historically, the MTA has received a significant portion of these grants due to its large ridership and high threat profile.
Attorney General James stated: “New Yorkers lived through the worst terrorist attack in our nation’s history, and we know what is at stake here. Congress created this program after 9/11 to protect millions of daily riders. I am asking the court to act before midnight to stop these funds from vanishing and to ensure that New Yorkers are not put at risk by this administration’s political games.”
This year, DHS initially told the MTA it would receive $33,898,500 but later reduced New York’s award to zero without formal notice or explanation. The state only learned about the funding cut from a news report earlier in the day. Some states with lower risk profiles reportedly received increased awards as a result.
The withheld funds were intended for projects such as protecting stations and tunnels against chemical and explosive threats, upgrading surveillance systems, strengthening cybersecurity defenses, and improving emergency evacuation protocols across the nation’s busiest transit system.
If no court action occurs before midnight—the end of the federal fiscal year—New York risks losing access to these resources permanently. The Attorney General’s motion seeks immediate preservation of these funds while legal proceedings continue.
James clarified that she is not seeking immediate disbursement but wants “preservation of the funds while the courts resolve the case.” The lawsuit was filed in U.S. District Court for the Southern District of New York. It argues that DHS violated administrative procedures, exceeded its authority, and failed constitutional requirements by withholding funding based on factors other than security risk.
The state aims for restoration of its full allocation under TSGP and future distribution based solely on assessed risk.
