A federal judge granted Pacifica client the City of Salem, Oregon, a preliminary injunction last week, blocking efforts by the Department of Homeland Security (DHS) and the Federal Emergency Management Agency (FEMA) to condition federal disaster relief and preparedness funding on Salem’s adherence to President Trump’s policy goals.
In a hearing in the U.S. District Court for the District of Oregon, Chief United States District Judge Michael J. McShane agreed with Pacifica’s client that the grant conditions imposed by DHS and FEMA are unconstitutional, violate the Administrative Procedure Act, and threaten Salem’s ability to meet the needs of its citizens.
During President Trump’s second term, federal agencies have routinely violated the Separation of Powers doctrine and undermined powers granted to Congress by attempting to condition federal funding on local governments’ agreement to prohibit all kinds of diversity, equity, and inclusion, facilitate federal civil immigration enforcement, target and punish transgender people, and adhere to other executive orders unrelated to the purposes of federal grants.
Pacifica initially filed suit on behalf of its client on June 30, arguing that DHS and FEMA, by imposing the grant conditions, exceeded their lawful authority and violated the constitution by undermining powers granted to Congress and those retained by the states, and by violating the Administrative Procedure Act.
As Salem noted in the complaint, “For the first time in the history of Congress’s disaster-assistance grant programs, DHS and FEMA have sought to leverage this critical funding to advance policy objectives unrelated to the purposes for which Congress appropriated it.”
The conditions threatened more than $14 million in federal funding Salem planned to use for disaster relief and mitigation, including the repair of critical facilities damaged during a series of storms in December 2025, which brought record rainfall to Salem and other parts of Western Oregon and caused catastrophic damage to culverts essential to the city’s sewage treatment needs. DHS’ standard terms and conditions that would be applied to all FEMA grants conditioned the grants on unlawful requirements that support the administration’s political agenda.
Judge McShane’s decision ensures Salem will be able to continue its efforts to rebuild following the recent natural disaster and pursue federal funding critical to its emergency-management efforts.
Pacifica attorneys Paul Lawrence and Carly Zipper argued on behalf of Salem. The Pacifica litigation team also includes Jamie Lisagor, Sarah Washburn, and Stacey Crawshaw-Lewis, with support from legal assistant Mendy Graves.
Click here to read Judge McShane’s decision.
Click here to read the complaint.
