Delaware AG, others file motion to enforce court order to unfreeze federal funding
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Raw Video: Protesters gather to object to Trump administration's policies
Protesters march around at Legislative Hall in Dover to object to President Donald Trump's recent executive orders and policies. 2/5/25
Delaware Attorney General Kathy Jennings joined a coalition of 23 attorneys general on Friday who say President Donald Trump's administration is not complying with a court order to unfreeze federal funds needed for critical programs and services.
In withholding the nearly $3 trillion that had already been approved by Congress, the coalition says many states could face cash shortfalls, making it difficult to administer basic programs such as funding for health care and food for children.
"These funds are not monopoly money and this is not a game," Jennings said in a statement released in the final minutes of the business week. "Each and every one of these dollars represent promises that the United States made to Americans. Real people are suffering and will continue to suffer incredible damages from the disruption of these vital funds."
BACKGROUND: Delaware DOJ moves forward with lawsuit against President Trump's federal grant freeze
The coalition is trying to enforce a temporary restraining order issued on Jan. 31 by a federal judge in Rhode Island that blocked Trump's order pausing federal grants to states and cities. U.S. District Judge John McConnell's ruling was issued despite a Jan. 29 memo about the president's order being rescinded.
While the memo was rescinded, a White House press secretary posted on X that the rescission of the memo was not a rescission of the federal funding freeze.
McConnell, on Thursday, said he stood ready to enforce his order blocking the president's administration from freezing federal grants, loans and other financial assistance. During a virtual court hearing that day, the judge said state agencies had a "rightful concern" that they were still not able to fully access money nearly a week after he issued his temporary restraining order.
MORE: Trump holds back billions in funding despite court ruling, states tell judge
The pausing in funding means public safety, health care, preschool, health research, housing and infrastructure are on the chopping block, Jennings said.
"This is reckless, callous and an incredible insult to the American people, including the millions who voted for President Trump," she said.
The states' filing further highlights the harm Delaware and other states face if funds under the Inflation Reduction Act and Infrastructure, Investment, and Jobs Act (also known as the Bipartisan Infrastructure Law) are not allocated as required by statute, her office said.
By way of example, Jennings said the Delaware Department of Natural Resources and Environmental Control received an email Tuesday from the U.S. Department of Energy, one of its federal grantors, requesting receipt of its earlier directive to cease federal funding, creating confusion and uncertainty regarding Delaware's ability to draw on obligated federal funds.
Other agencies have encountered even more serious disruptions, she said.
As of Wednesday, the Delaware Department of Health and Social Services still could not access grant funds to protect children under the age of 6 from lead paint poisoning.
Amid evidence that the Trump administration has continued to block or delay these specific funding categories, the attorneys general filed a motion to ensure these critical funds are swiftly disbursed so that states can put them to use to protect the health, safety, and well-being of their residents, Jennings' said.
Other attorneys general making up the coalition are from Arizona, California, Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington and Wisconsin.
Send tips or story ideas to Esteban Parra at (302) 324-2299 or eparra@delawareonline.com.
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