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Judge rejects NYC’s request to order immediate return of $80 million from FEMA to shelter migrants

A federal judge on Wednesday rejected New York City’s request to have the Trump administration return $80.5 million of congressionally approved migrant funding the feds secretly clawed back from the Big Apple’s coffers last month. 

Judge Jennifer H. Rearden said the city failed to prove it would suffer irreparable harm by having to wait until its lawsuit against the federal government was resolved. 

City officials filed a lawsuit against members of the Trump administration on Feb. 21, blasting the president for conducting an “unlawful money grabâ€?that snatched Federal Emergency Management Agency payments without any advance notice. 

The grant funding was awarded to reimburse the city for shouldering the massive costs of sheltering migrants who flocked to the Big Apple. 

The sudden withdrawal of FEMA funds from New York City’s accounts unfolded Feb. 11 â€?without Mayor Eric Adamsâ€?knowledge â€?just days after Elon Musk claimed his Department of Government Efficiency discovered millions that were being wasted on “luxury hotelsâ€?to house illegal migrants. 

Hecdimar, 26, an asylum seeker from Venezuela, center, waits in line with her children after school pickup outside of the Roosevelt Hotel migrant shelter on Friday, February 25, 2025 in New York City.
Rearden also announced that she declined to issue a temporary restraining order, citing the city failed to prove that they will suffer irreparable harm. Michael Nagle
Migrants seeking asylum in the USA arrive at a city run shelter on East 141st street and Bruckner Boulevard in the Bronx.
FEMA said it rescinded its funds over concerns that violent gangs have taken over city shelters. Stephen Yang

The money — awarded in two separate grants for $58.6 million and $21.9 million under the Biden administration — is authorized and funded by Congress and is separate from FEMA’s disaster relief fund, which is the agency’s main funding stream to help people and governments affected by disasters.

FEMA, however, claimed the money was rescinded over concerns a violent gang had taken over a city shelter �which the city argued was a “hastily-constructed facade�to prevent it from being used.

During the roughly two-hour hearing in Manhattan federal court, city attorney Joshua Rubin explained the withdrawal came “as a real shock to us,�explaining that the request to immediately restore the funds was made under “extraordinary circumstances.�/p>

He argued that rescinding the money was unconstitutional. 

Attorney Emily Hall, representing the US government, explained the funds would be available once the lawsuit is fully adjudicated unless Congress revokes it. 

President Trump, Homeland Security Secretary Kristi Noem and Treasury Secretary Scott Bessent are among the defendants listed in the suit.

With Post wires