Dot Wants To Block Transit Money To States That Aid Migrants

The Trump administration is pushing a legal change that could block states, cities and towns from offering free transportation to unauthorized immigrants, according to a proposal obtained by POLITICO — the latest in a series of Trump administration moves that seek to encroach on local transportation decisions.

The draft law from the Department of Transportation would prohibit state and local governments from using federal transit money to help migrants elude federal immigration enforcement.

But the proposed language could encompass a much broader range of activity, such as any free transportation to migrants, said a person familiar with the plan who was granted anonymity to discuss an internal matter. Such services have typically arisen in Democratic-run cities and states.

The proposal would ensure that "systems that receive Federal funds are not using them to circumvent or break Federal immigration law," the text reads. It would cover all federal programs the Federal Transit Administration administers, including buses, subways, light rail and ferries.

The plan is part of a package of measures — including prohibiting speed cameras in Washington and restricting funding for free buses — that DOT and the White House are considering for inclusion in the surface transportation reauthorization bill that Congress is supposed to approve this year. The current law expires Sept. 30.

The DOT proposal takes aim at instances in which cities have provided free buses to help migrants reach resources, such as intake centers or shelters, according to a person familiar with the proposal. Many of those migrants had reached those communities after being shipped north by Republican governors during President Joe Biden's time in office: Gov. Greg Abbott of Texas bused migrants to Democratic-run cities like New York, Chicago and Washington, while Florida Gov. Ron DeSantis flew migrants to Martha's Vineyard.

The change wouldn't stop undocumented immigrants from using public transportation. However, it would seek to prevent local agencies or towns from using public transportation to move unauthorized immigrants around the city or outside it to another state, a person familiar with the plan said.

Similar proposals have arisen in the House, including one from Rep. Nick LaLota (R-N.Y.) that would have prevented what are known as sanctuary cities such as New York from using federal dollars on transportation costs for migrants, among other uses. Such cities limit their cooperation with federal immigration efforts.

Federal Transit Administration leader Marc Molinaro recommended the measure to be included in a batch of policy proposals sent to the White House's Office of Management and Budget, said two people familiar with the process and granted anonymity to discuss an internal matter. Molinaro is leaving his job in the Trump administration on Friday.

DOT, the White House and the Department of Homeland Security, which oversees federal immigration enforcement, did not respond to a request for comment.

Some in DOT see the idea as unnecessary. The department is seeking to solve “a nonexistent problem,” said one DOT employee familiar with the proposal who was granted anonymity because they are not authorized to speak to the media. It’s unclear whether any city or state has ever used its transportation services to help migrants escape capture by federal authorities.

Transportation Secretary Sean Duffy, under the draft legislation, would have the authority to withhold funding if a recipient used federal dollars “for programs that transport individuals unlawfully present in the United States for the purpose of avoiding detection, apprehension, or removal by Federal immigration authorities.”

The draft would also “prohibit the issuance of targeted federally subsidized transit benefits for illegal immigrants.” It’s unclear how the proposal would enforce such a prohibition.

The proposal notes that labor unions might have concerns because they would not want transit workers to participate in enforcing the policy. It is unclear how the legislation will be enforced if passed.