Does Your State Need Infrastructure Funds From The Federal Government? If So, USDOT Says You Must Scrap Your DEI Programs

U.S. Secretary of Transportation Sean Duffy

WASHINGTON, D.C. –– U.S. Transportation Secretary Sean Duffy announced recently that states will no longer be eligible for federal infrastructure funds unless they follow the Trump administration's directives regarding cooperation with immigration enforcement efforts and end diversity, equity, and inclusion (DEI) programs.

Duffy told states that they will not receive funding for any infrastructure projects if they do anything to interfere with President Trump’s efforts to enforce immigration policies or maintain diversity, equity, and inclusion programs.

Duffy said in a statement, “Federal grants come with a clear obligation to adhere to federal laws. It shouldn’t be controversial –– enforce our immigration rules, end anti-American DEi policies and protect free speech.” He added that “These values reflect the priorities of the American people, and I will take action to ensure compliance.”

The USDOT’s position, according to Duffy, is derived from a 2023 ruling by the U.S. Supreme Court against affirmative action. This allows the U.S. Government, Duffy says, in the name of anti-discrimination, to pull funds from states that provide driver’s licenses to immigrants without legal status, that have DEI programs, or interfere with any action of Immigration and Customs Enforcement activities.

The letter points out that when receiving federal funds, states and local government bodies “entered into legally enforceable agreements with the United States Government and are obligated to comply fully with all applicable Federal laws and regulations.” Placing a finer point on the policy, Duffy said the DOT will “award and continue to provide Federal financial assistance only to those recipients who comply with their legal obligations.”

This is not the only arena where Trump administration has taken action against states that do not align with his agenda. For example, Maine is in the crosshairs, being told unless it bars transgender athletes from competing in girls’ sports, it will lose access to federal funding. The administration has also gone after colleges and schools that have DEI programs in an effort to get back the federal funds those institutions have recently received.

Duffy said that “This mission depends upon your strict adherence to the legal framework governing our partnership, and I trust you will take all necessary steps to comply with Federal law and satisfy your legal obligations.”

If states are having difficulty interpreting the rules around this new policy, he asks that they contact his agency for direction. He also said that “proactive engagement is strongly advised to prevent inadvertent noncompliance.”

Finally, the secretary said that “DOT remains committed to advancing a transportation system that serves the public interest efficiently and unleashes economic prosperity an a superior quality of life for American families.”

You may read and download the complete text of Duffy’s letter here.