SNOHOMISH COUNTY—The Snohomish County Executive Office announced on Friday that it is joining a multistate lawsuit against the federal government alleging that the Trump administration is violating the doctrine of separation of powers, infringing upon constitutional protections, and violating the Administrative Procedures Act by placing conditions on federal grant monies. In total, $670 million in federal funding is at risk to all eight jurisdictions and the civil suit is being led by Seattle-based Pacifica Law Group LLC.
The lawsuit is focused on conditions that have been placed by the Trump Administration on the county’s $16.7 million U.S. Department of Housing and Urban Development (HUD) Continuum of Care grant funding awarded for the coming program year. The funds are scheduled to be dispersed on July 1, 2025, and subject to conditions the county says is “unlawful.”
The new stipulations on contracts for previously awarded federal grants, according to the suit, seek to require local compliance with recent executive orders—including orders related to immigration status, health care, and diversity, equity and inclusion efforts—by using this funding as a leverage to push a “political agenda.” The Executive Office added that the requirement conflicts “with our values as a county government.”
“We are dedicated to upholding the law and to meeting the needs of Snohomish County residents. We cannot, legally or ethically, agree to these new contract stipulations,” wrote the Snohomish County Executive’s Office in its announcement of the lawsuit against the Trump administration. “A legal challenge is our only reasonable path forward to preserve crucial programs and resources for the public we serve.”
Spokesperson for the County Executive’s Office, Kari Bray shared with the Lynnwood Times that Snohomish County Executive Dave Somers used his authority under Snohomish County Code 2.10.010(7), to issue an Executive Action to join the civil lawsuit “seeking damages or injunctive relief in behalf of the county” and that no County Council vote was required to approve this action.
The Continuum of Care (CoC) grants are monies used to support 23 separate programs and activities towards the county’s housing system, which is a collaborative partnership with local organizations in helping to reduce homelessness in the county since 1994.
Services provided by recipients of CoC funds include permanent supportive housing for people with disabilities, rapid rehousing and rental assistance, transitional housing and help for young adults and survivors of domestic violence, and supportive services for young adults to help prevent homelessness.
The county anticipates that its partner agencies providing these services would be unable to sign off on the new terms as subrecipients of the funding, particularly as it relates to undocumented individuals and Diversity, Equity, and Inclusion preferences which the federal government considers discriminatory.
The lawsuit states: “The conditions appear to require federal grant recipients to agree to promote the political agenda President Trump campaigned on during his run for office and has continued espousing since, including opposition to all forms of DEI policies and initiatives, participation in aggressive and lawless immigration enforcement, exclusion of transgender people, and cutting off access to lawful abortions. These unlawful conditions are imposed to direct and coerce grant recipients to comply with the President’s policy agenda.”
The lawsuit lists the following executive orders signed by President Donald J Trump giving HUD and FTA the authority to implement what the litigants call “unlawful conditions to CoC Funding:”
- The “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” executive order which directs each federal agency head to include “in every contract or grant award” a term that the contractor or grant recipient “certify that it does not operate any programs promoting DEI” that would violate federal antidiscrimination laws.
- The “Ending Taxpayer Subsidization of Open Borders” executive order directs all agency heads to ensure “that Federal payments to States and localities do not, by design or effect, facilitate the subsidization or promotion of illegal immigration, or abet so-called ‘sanctuary’ policies that seek to shield illegal aliens from deportation.”
- The “Protecting American Communities from Criminal Aliens” executive order that directs the Attorney General in coordination with the Secretary of Homeland Security to identify “sanctuary jurisdictions,” take steps to withhold federal funding from such places, and develop “mechanisms to ensure appropriate eligibility verification is conducted for individuals receiving Federal public benefits . . . from private entities in a sanctuary jurisdiction, whether such verification is conducted by the private entity or by a governmental entity on its behalf.”
- The “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” executive order that directs agency heads to “take all necessary steps, as permitted by law, to end the Federal funding of gender ideology” and “assess grant conditions and grantee preferences” to “ensure grant funds do not promote gender ideology.”
- The “Enforcing the Hyde Amendment” executive order that declares it the policy of the United States “to end the forced use of Federal taxpayer dollars to fund or promote elective abortion.”
Each noncompliance with the DEI Order alone which falls under the False Claims Act imposes a civil penalty of up to $27,894—plus mandatory treble damages sustained by the federal government because of that violation, a penalty the litigants argue “represents another effort to coerce compliance with the President’s policies by effectively forcing grant recipients to concede an essential element of an FCA claim.”
The specific language called out in CoC contracts that the Snohomish County Executive Office objects to are the following:
- The Grant Agreement stating, “it [recipient] does not operate any programs that violate any applicable Federal anti-discrimination laws, including Title VI of the Civil Rights Act of 1964.”
- The recipient is in “compliance in all respects with all applicable Federal antidiscrimination laws is material to the U.S. Government’s payment decisions for purposes of [the FCA].”
- “No state or unit of general local government that receives funding under this grant may use that funding in a manner that by design or effect facilitates the subsidization or promotion of illegal immigration or abets policies that seek to shield illegal aliens from deportation…”
- Immigration verification is required related to the Personal Responsibility and Work Opportunity Reconciliation Act.
- Grant Agreements require the recipient to agree that it “shall not use grant funds to promote ‘gender ideology,’ as defined in” the Gender Ideology Order (the “Gender Ideology Condition”).
- Grant Agreements require the recipient to agree that it “shall not use any Grant Funds to fund or promote elective abortions, as required by” the Abortion Order (the “Abortion Condition”).
The Executive Office is in coordination with the Snohomish County Prosecuting Attorney’s Office regarding the suit against the Trump administration. From Snohomish County, the lawsuit is signed by Snohomish County Prosecuting Attorney Jason Cummings, along with county prosecuting attorneys Bridget E. Casey, and Rebecca E. Wendling.
The cost for the emergent legal action against the Trump administration is expected to be “within existing operations and budget” and that the County “has not appropriated any additional dollars for this lawsuit,” County Executive’s Office spokesperson Kari Bray shared with the Lynnwood Times.
The lawsuit is also suing the Federal Transit Administration (FTA) as the conditions will also apply to approximately $446 million in FTA grants appropriated to King County.
Joining Snohomish County in the lawsuit are King County, Wash., Pierce County, Wash., City of San Fransico, Cali., County of San Fransico, Cali., County of Santa Clara, Cali., City of Boston, MA., City of Columbus, Ohio, and City of New York, New York.
Author: Mario Lotmore
One Response
You do not represent the common sense people of this county.. I will continue to bring your ideology to the white house and encourage them to look into what you corrupt politicians have been doing to us for years. Your past Governor doesn’t even live in this state, that he stole from, anymore. Why isn’t that red flag to what is going on…