Alamogordo NM
4-18-2025 5:28am

NM AG Sues Trump Administration for Blocking Access to Hundreds of Millions of Dollars in Education Funds

Attorney General Raúl Torrez joined a coalition of 15 attorneys general and the Governor of Pennsylvania in suing the Trump administration to restore states’ access to critical Department of Education (ED) programs that support low-income and unhoused students and provide funding for other services to address the long-term effects of the COVID-19 pandemic on K-12 students. With this lawsuit, the coalition is seeking a preliminary and permanent court order that will allow states continued access to these essential funds.

The coalition argues that ED’s decision to abruptly cut off access to these awarded funds, previously determined accessible through March 2026, violates the Administrative Procedure Act because it reversed its prior decision and instead immediately terminated the states’ access without a sufficient explanation and contrary to Congress’ intent.

“Cutting critical funding that students and schools are counting on is unacceptable and reckless,” said Attorney General Raúl Torrez. “These cuts will have a detrimental effect on our children, stunting their ability to learn in the classroom by rendering schools unable to provide essential resources like food, classroom supplies, special education for teachers and more. Our office will always fight for the wellbeing of our children and we prioritize ensuring that they receive the resources they need to reach their full potential.”

ED recently notified states that it was unilaterally ending access to hundreds of millions of dollars in grants from three programs funded by the American Rescue Plan Act (ARPA). The sudden and arbitrary termination of states’ access to these funds has created a massive budget gap for state education departments and local school districts that will cause serious harm to students throughout the country.

The three programs – Homeless Children and Youth (HCY), Elementary and Secondary School Emergency Relief (ESSER), and Emergency Assistance to Nonpublic Schools (EANS) – provide essential resources and support critical services to help vulnerable students reach their full potential and recover from missed classroom time and other negative effects of the pandemic. These resources include food, personal care items, classroom supplies, specialized training for teachers and more.

If access to this critical funding is not restored, states will be unable to provide essential public services, pay hundreds of public employees, or provide quality education to K-12 students.

Joining Attorney General Torrez in filing this lawsuit are the attorneys general of Arizona, California, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, and the District of Columbia, along with the Governor of Pennsylvania.

Complaint – Education Funds

Exhibit A

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