Federal judge extends order on NYC anti-terrorism funds

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(The Center Square) — The Trump administration has been given another week to make its case to withhold more than $33 million in counter-terrorism funds for New York City's transit system. 

U.S. District Court Judge Lewis Kaplan has extended a temporary restraining order blocking the Department of Homeland Security from clawing back the grant funding approved by Congress for the Metropolitan

Transportation Authority until at least Oct. 22, as the case plays out in court. Kaplan's previous order was set to expire on Wednesday.

New York Attorney General Letitia James filed a lawsuit last month to block the federal cuts to the Metropolitan Transportation Authority's Rail and Transit Security Grant Program. The program was created after the Sept. 11, 2001 terror attacks to protect the nation's transit systems from chemical, biological, radiological, and explosive threats.

The Democrat, who was recently indicted for federal mortgage fraud, praised Wednesday's ruling and said it backs her arguments that the action was "illegal and politically motivated.

“This court has again prevented the federal government from revoking critical counterterrorism funds for our state," James and Gov. Kathy Hochul said in a joint statement. "These funds help keep our trains, buses, and subways safe for the millions of New Yorkers who rely on them every day."

A spokesperson for the Department of Homeland Security, which remains largely closed amid the government shutdown, didn't immediately respond to a request for comment. 

New York state has also seen its annual allocation from the Homeland Security Grant Program cut by $187 million — an 86% reduction — as part of the Trump administration's cost-cutting efforts. 

The funding has helped New York pay for National Guard members to patrol subways in New York and for synagogues, mosques, churches, and other houses of worship to harden their infrastructure and security protocols.

Homeland Security has also reduced counterterrorism funding for the New York Police Department from $90 million to nearly $10 million over the city's laws protecting undocumented immigrants. That prompted criticism from the state's top law enforcement officials, who said it endangers public safety.

The cuts came after top New York Democrats, Senate Minority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries, rejected a Republican spending plan that resulted in the federal government shutting down more than two weeks ago. 

In his previous ruling, Kaplan said it was "quite likely” that the legal challenge would prove the Trump administration withheld the funds because it thinks New York "should be punished" for refusing to cooperate with federal immigration crackdowns. He said the city is also an ongoing target for terrorist attacks, noting that the federal grant funding is crucial for public safety.