The League of Women Voters of the United States joined a sign-on letter urging Congress to oppose the No Bailout for Sanctuary Cities Act, authorizing the Administration to cut federal funds to state and local governments for not participating in immigrant deportations. This would threaten critical services for citizens and noncitizens alike and undermine the constitutional balance of powers.
February 19, 2025
The Honorable Mike Johnson
Speaker of the House
U.S. House of Representatives
Washington, D.C. 20515
The Honorable Hakeem Jeffries
House Minority Leader
U.S. House of Representatives
Washington, D.C. 20515
Re: Vote “No” On H.R. 32, the Defund Our Communities Act
Dear Speaker Johnson, Leader Jeffries, and Members of the House of Representatives,
We, the undersigned groups, write to express our grave concern regarding H.R. 32, which should be named the Defund Our Communities Act. It would give the Trump administration legal authority to cut federal funding to hundreds of state and local governments—enabling its campaign of intimidation of state and local officials, and its attack on our democratic system.
Our communities are still reeling from the Trump administration’s unilateral attempt to freeze all federal funding, including reported continuing difficulties accessing funds by some service providers, and its continued threats against both government workers and elected officials who refuse to assist its policies targeting members of our communities. Congress should not pass legislation handing the Trump administration vast and vaguely worded authority it may use to further intimidate, coerce and inflict chaos on schools, hospitals, local police, and other institutions that our communities rely on. Nor should Congress, through this legislation, concede its “power of the purse”—a vital aspect of our constitutional balance of powers that is perhaps more important than ever.
A Congressionally Sanctioned and Sweeping Funding Freeze
H.R. 32 would allow the administration to strip a state or local government of federal funds it “intends to use for the benefit” of undocumented immigrants. While couched in terms of immigration, we fear the actual result of this bill would be a funding cut off across the board, putting critical services to all our community members at risk. As you well know, state and local agencies do not generally segregate their funding allocations for citizens versus noncitizens, let alone noncitizens without legal status versus all others.
Tens of thousands of state and local employees—social workers, police officers, teachers, bus drivers, nurses, mental health counselors, and more—stand to lose funding they rely on to do their jobs serving our communities, if this bill is enacted. Countless small businesses with contracts that serve those federal funding recipients could be impacted. The bill specifically names federal funding for “food, shelter, healthcare services, legal services, and transportation,” but leaves the door open to “any” funding being cut. In the first few weeks, this administration has already proven that it will stretch any legal authority far beyond the intended purpose or, as their track record in court so far would suggest, beyond the limits of that authority.
The Trump administration could weaponize H.R. 32 to freeze vast amounts of federal funding to hundreds of cities and dozens of states—simply because state and local agencies choose or are legally obligated not to fully participate in President Trump’s unprecedented mass deportation drive, or because they lack the 2 resources to do so and are unable to meet the Trump administration’s latest demands. Congress should not put the vast array of services that your constituents rely on at the whim and mercy of the Trump administration.
An Attack on Constitutional Balance of Power
This bill would undermine our constitutional balance of powers in two ways: Escalating federal intimidation of state and local governments; and undermining Congress’ power of the purse. In both cases, the bill threatens a system of checks and balances that is crucial to ensuring our government serves the people—not the president’s personal goals and interests.
Independence of State and Local Officials
The Trump administration is already engaged in a campaign of intimidation, including threatening state and local officials with prosecution for not assisting with the federal deportation efforts—most recently, the Illinois governor—on legally baseless theories. This bill, if enacted, would allow the Trump administration to escalate its attack on the independence of state and local governments, using the threat of withdrawing a vast array of federal funding—on completely unrelated matters—if they fail to comply with federal demands for collaboration in immigration enforcement.
While this bill targets immigration, its passage would set the stage for the federal government to hold states and cities hostage to demands on how history is taught in our schools, and who gets access to healthcare and for what reason.
This approach of federal intimidation of state and local governments undermines federalism—a vital check on presidential power. Under the Tenth Amendment of the Constitution, state and local governments have authority over their own resources. The federal government cannot commandeer state and local government resources, and states and local governments have the right to refuse to help enforce federal regulatory programs. While the federal government may impose restrictions on federal grants to the states, its power is limited by the Constitution. As Chief Justice Roberts wrote in National Federation of Independent Business v. Sebelius, “Congress may use its spending power to create incentives for States to act in accordance with federal policies. But when ‘pressure turns into compulsion,’ the legislation runs contrary to our system of federalism.”
Congress’ Power of the Purse
This bill would also undermine Congress’ power of the purse, another potent tool in checking presidential overreach. The bill effectively cedes authority over federal funding decisions to the executive branch, shifting power from Congress to the president, weakening the power of constituent voices over the vital matter of public funding for community services.
Perhaps now more than ever, maintaining the separation of powers is vital to safeguarding our democracy. Congress should not concede its own authority over federal grants, and hand the Trump administration authority that it could use to threaten, intimidate and coerce state and local governments across the country. We strongly urge you to make clear your opposition to this bill.
Sincerely,
See Attached Letter for Signatories
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