Judge orders Trump administration to restore counterterrorism funds in transport to New York

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New York.- New York scored a victory this Thursday when a federal judge blocked Donald Trump's Administration's attempt to take away from the Metropolitan Transportation Authority (MTA) nearly 34 million dollars to combat terrorism in the largest public transportation system in the U.S. and recalled in his decision the 9/11 attacks.

Judge Lewis Kaplan, of the federal court for the Southern District of New York, indicated in a 28-page decision that the withdrawal of funds from the Government was "arbitrary and capricious and a flagrant violation of the law", based on the argument that the city offers protections to undocumented immigrants to which it is opposed, and which qualify it as a 'sanctuary city'.

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Kaplan also issued a permanent injunction requiring the Government to grant those funds to the MTA for the good of the public interest. On September 30th, the Department of Homeland Security (DHS) and the Federal Emergency Management Agency (FEMA) revoked funding for the Transit Security Grant Program (TGSP), originally allocated to the MTA for the next fiscal year. The New York Attorney General then filed a lawsuit to prevent it, which the city joined. The judge recalled that, after the terrorist attacks of September 2001, the recommendations of a national commission "addressed the need to improve security and strengthen public transportation systems, focusing on risk-based assessments and allocating funds to higher-risk areas, rather than distributing the money among the entire public transportation system". "The report also recommended that national security assistance should be based strictly on an assessment of risks and vulnerabilities," he said, referring to the fact that the government's decision should not be based on its opposition to "sanctuary city" protections. Also, he highlighted that the MTA does not receive funds because it is located in New York, but because it is a public corporation created by state laws and with a board of directors appointed by the governor with the approval of the state Senate. "The MTA is not an instrument of New York City," the magistrate affirmed. Also, he warned against actions that "perpetuate the illegal actions of the agencies" of the Government, and claimed a "substantial public interest in government agencies complying with federal laws governing their existence and operation". He affirmed, in that sense, that losing almost 34 million dollars "would undermine the public interest", endangering those whom those funds were intended to protect. Governor Kathy Hochul and Attorney General Letitia James considered the decision as "a victory" for all New Yorkers who use the transportation system. "A court has affirmed once again that this Administration cannot punish New York by arbitrarily eliminating critical security resources and defunding the law enforcement that keeps passengers safe," they indicated in a joint statement.

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