Overview

• A preliminary injunction prevents the Department of Transportation from enforcing the Immigration Enforcement Condition against 20 Democratic-led states.
• The Duffy Directive would have required recipients to cooperate with U.S. Immigration and Customs Enforcement to obtain federal transportation grants.
• Judge McConnell ruled that Congress did not grant the DOT authority to attach immigration-enforcement requirements to funds earmarked for highways, bridges and other transport projects.
• The decision held that the condition violated the Constitution’s Spending Clause and was arbitrary and capricious under the Administrative Procedure Act.
• The administration has contended the policy fell within the department’s discretion and did not immediately respond to the ruling.