Attorney General Jay Jones joined a coalition of 26 states to sue the Trump administration over unlawful conditions attached to counterterrorism and emergency funding. The conditions would require states to share voter data with DHS and assist in immigration enforcement, which the coalition argues violates the Administrative Procedure Act and the Spending Clause.
The coalition seeks to enjoin DHS and FEMA from imposing the challenged conditions on federal grant programs, including voter data sharing and immigration enforcement requirements.
In-house legal teams should review all federal grant agreements and contracts with DHS and FEMA for any conditions that require data sharing, particularly voter data or cooperation with immigration enforcement. They should also examine data sharing agreements with third parties to ensure compliance with state laws regarding voter privacy and election integrity. Additionally, contracts with election system vendors should be checked for any obligations to comply with federal audit or verification requirements that may conflict with state law.
Entity
U.S. Department of Homeland Security
Industry
OtherOfficial Press Release
https://www.oag.state.va.us/media-center/news-releases/3086-attorney-general-jones-files-lawsuit-against-trump-administrations-unlawful-conditions-for-counterterrorism-and-emergency-funding
Virginia Attorney General Enforcement Page
https://www.oag.state.va.us/consumer-protection/
"Trump administration"
"requires states to transmit lists of all registered voters to The Department of Homeland Security"
"Administrative Procedure Act"
"U.S. Constitution’s Spending Clause"
Minnesota Attorney General Keith Ellison led a coalition of 17 attorneys general in an amicus brief supporting a lawsuit challenging the termination of Temporary Protected Status for Somali nationals. The coalition asked the appeals court to reverse a lower court decision and block the revocation; this press release describes no privacy-related allegation, penalty, or remedy imposed.
Virginia Attorney General Jay Jones joined a coalition of attorneys general in filing an amicus brief challenging DHS’s practice of conducting warrantless civil immigration arrests without determining whether individuals are likely to escape before a warrant can be obtained. The release reports that a district court had previously granted a preliminary injunction in the underlying case; it does not report a penalty or a new remedy imposed on DHS by this brief.
Connecticut Attorney General William Tong joined a coalition of 22 attorneys general in filing an amicus brief challenging DHS’s policy and practice of conducting warrantless civil immigration arrests. The press release describes a court challenge, not a privacy enforcement action or monetary penalty.
Connecticut Attorney General William Tong joined a coalition of 21 attorneys general in submitting a comment letter opposing a DHS rule that allows certain affirmative asylum applications to be referred to removal proceedings without an asylum officer interview. The coalition argues the rule violates federal law and harms asylum seekers, including unaccompanied children; this was a policy opposition letter, not a privacy enforcement action.
Other enforcement action: Oregon Attorney General Dan Rayfield, joined by 18 other states, sued the Trump Administration over its unlawful $100,000 fee for H-1B visa petitions. The lawsuit alleges that the policy violates the Administrative Procedure Act by exceeding congressional authority and bypassing required rulemaking procedures, harming educational institutions and employers.
California Attorney General Rob Bonta co-led a coalition of 18 attorneys general in submitting a comment letter opposing the Department of Homeland Security's expansion of the Systematic Alien Verification for Entitlements (SAVE) program to include U.S.-born citizens. The coalition argues the expansion violates the Privacy Act of 1974, creates a massive surveillance database, increases data breach risks, and will lead to inaccurate verifications and denial of benefits.