Local governments in California and Oregon seeking federal grant money will not, for now, be forced to comply with the administration’s new restrictions on diversity, equity and inclusion programs, a federal judge ruled Thursday.
U.S. District Judge William Orrick of California issued a preliminary injunction that prevents the Departments of Justice, Homeland Security, Interior and FEMA from imposing the so‑called “anti‑DEI” conditions on grants sought by 11 cities and counties in the two states.
What changes for residents
The injunction means municipalities can continue to pursue federal funding for public safety, disaster response and other programs without being required to certify that they will not use funds for certain DEI initiatives. That preserves access to federal money tied to policing, anti‑terrorism, immigration, disaster and fire relief efforts while the legal challenge proceeds.
Orrick found that the administration’s restrictions “either have nothing to do with or contradict” Congress’ intent in authorizing the grants. He wrote that the government must adequately define and explain any conditions attached to federal spending and that these particular conditions run afoul of Congress’s power over appropriations.
"Plaintiffs maintain that '[n]othing in the Constitution or federal statutes authorizes Defendants to impose the Challenged Conditions, or anything of the kind, on funds administered through congressional grant programs,'" Orrick wrote. "I agree."
Who sued
The counties challenging the conditions include San Diego, Los Angeles and Santa Barbara. They are joined by the cities of Fresno, Santa Clara, Redwood City, Santa Cruz and Stockton in California, along with the Oregon cities of Beaverton, Corvallis and Hillsboro.
- The injunction covers conditions proposed by the Departments of Justice, Homeland Security, Interior and FEMA.
- Grants at issue fund policing, anti‑terror programs, immigration work, and disaster and fire relief.
- Other federal courts have issued similar temporary blocks in related cases.
Broader litigation
Orrick’s order follows related rulings in other parts of the country. A separate federal judge in Seattle last week blocked comparable DEI conditions on grants from agencies including the Departments of Transportation and Housing and Urban Development in lawsuits brought by cities such as Seattle, Cleveland, Columbia, Durham and Portland, along with several counties.
The rulings underscore an emerging pattern of courts scrutinizing executive‑branch attempts to attach policy conditions to congressionally appropriated funds. Orrick noted that federal law already bars discrimination based on gender and race, and that Congress often directs resources toward women and other underserved groups for programs like anti‑trafficking efforts.
| Agency | Types of grants affected |
|---|---|
| Justice, Homeland Security, Interior, FEMA | Policing, anti‑terrorism, immigration, disaster and fire relief |
The injunction is preliminary; the legal challenge will proceed, and the administration may appeal. For now, affected California and Oregon local governments remain eligible to seek federal grants without certifying that they have eliminated or will not engage in specified DEI activities.
Coverage will continue as the case moves through the courts and as local agencies weigh their options for pursuing federal funds.
