On January 27, 2025, the Office of Management and Budget (OMB), an office of the Executive Office of the President of the United States, ordered a pause to the disbursement of federal grants and loans, to take effect the following day. Acting director Matthew Vaeth characterized the order as necessary to prevent funding for diversity, equity, and inclusion (DEI) programs and woke ideals. Although the exact extent was initially unclear, the memo exempted federal assistance to individuals from the pause, including programs such as Social Security and Medicare. Despite this, reimbursements for programs such as Medicaid and Head Start were inaccessible to many on January 28. The OMB released a second memo clarifying the order, saying that it was necessary to implement President Donald Trump's recent executive orders.
The pause was stayed on January 28 by district court judge Loren AliKhan, prior to its 5 P.M. EST deadline. The next day, the OMB retracted the initial memo, but White House press secretary Karoline Leavitt said that efforts to freeze federal funding would continue. On January 31, a second federal district judge, John J. McConnell Jr., held that there was a likelihood that the funding freeze violated the United States Constitution and U.S. law and issued a temporary order blocking its implementation in 22 states and the District of Columbia.
Trump administration actions
Release of memo and spreadsheet
On January 27, 2025, memo M-25-13 was released by Matthew Vaeth, acting director for the Office of Management and Budget (OMB).[1][2] The memo said that the federal government of the United States in fiscal year 2024 spent over $3 trillion in federal "financial assistance, such as grants and loans", criticized the usage of "resources to advance Marxist equity, transgenderism, and [Green New Deal] social engineering policies", and then instructed "federal agencies to identify and review all federal financial assistance programs and supporting activities consistent with [President Trump's] policies and requirement".[1][3][4]
Simultaneously, the memo instructed federal agencies to "temporarily pause all activities related to obligation or disbursement of all federal financial assistance, and other relevant agency activities that may be implicated by [Trump's] executive orders, including, but not limited to, financial assistance for foreign aid, nongovernmental organizations, DEI, woke gender ideology, and the Green New Deal."[2] The pause was to start at 5 p.m. EST on January 28, 2025.[5] The memo continued that the pause would allow the Trump administration to "determine the best uses of the funding for those programs consistent with the law and [Trump's] priorities", while "Medicare or Social Security benefits" and "assistance provided directly to individuals" were exempted from being paused.[6][7]
Along with the memo, OMB published a spreadsheet of around 2,600 federal programs for review, including Medicare, Social Security benefits, Medicaid, rental assistance, Pell grants, Head Start, and the Supplemental Nutrition Assistance Program.[8]
Question-and-answer sheet
On the afternoon of January 28, the OMB released a question-and-answer sheet declaring several schemes (Medicaid, SNAP, "funds for small businesses, farmers, Pell grants, Head Start, rental assistance", student loans, "any program that provides direct benefits to Americans", and any "program not implicated by the President’s Executive Orders") exempt from the federal funding freeze.[9][10][11] The executive orders by Trump that were highlighted are Protecting The American People Against Invasion, Reevaluating and Realigning United States Foreign Aid, Putting America First in International Environmental Agreements, Unleashing American Energy, Ending Radical and Wasteful Government DEI Programs and Preferencing, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Enforcing the Hyde Amendment.[12]
Withdrawal of memo; continuation of pause
On January 29, the OMB withdrew the memo, with the White House Press Secretary, Karoline Leavitt, commenting:[13][14]
This is NOT a rescission of the federal funding freeze. It is simply a rescission of the OMB memo. Why? To end any confusion created by the court's injunction. The President's EO's on federal funding remain in full force and effect, and will be rigorously implemented.
— @PressSec on x.com (January 29, 2025)[15]
On February 7, the Rhode Island Office of Energy Resources reported that it could not utilize federal funding assigned to it by the Environmental Protection Agency; also by that day, the International Training and Education Center for Health of the University of Washington reported having no access to funds for ongoing projects, including on those combating the spread of HIV.[16]
On February 10, Stacey Street, the director of the Federal Emergency Management Agency's Office of Grant Administration, instructed her colleagues to "put financial holds on all of your awards—all open awards, all years (2021, 2022, 2023, 2024)", despite two court orders barring such freezes.[17]
Initial aftermath
The exact extent of the order, and for which programs funding was paused, was initially unclear.[1][18][19] White House press secretary Karoline Leavitt defended the freeze order, saying it was necessary to prevent public funding of "transgenderism and wokeness", but she was initially unable to confirm whether programs such as Medicaid and Meals on Wheels would be affected by the pause in funding.[18] In a second memo released on January 28, the OMB clarified the order, saying that it was necessary in order to follow the recent series of executive orders issued by President Donald Trump, of which many aimed to curtail funding for federal foreign aid and DEI programs.[19]
Despite federal statements that the program would be unaffected, Senator Ron Wyden reported that a web portal used to access Medicaid funding was inaccessible for doctors in all states. Preschools noted that they could not receive reimbursements through the Head Start program.[19][20] A memo obtained by the news agency Reuters reported that the Department of Justice was preparing to freeze $4 billion of funding following the order.[20]
Several Democratic officials, including Senator Patty Murray, called the funding pause illegal and unconstitutional.[19][21] Senate Democratic leader Chuck Schumer called it "lawless, destructive, cruel".[20] Legal opponents cited the Impoundment Control Act of 1974, which bars the president from withholding funding for political purposes, subject to review by the Government Accountability Office.[22] Trump and OMB director nominee Russell Vought have advocated impoundment and called the 1974 act unconstitutional. Republican leaders defended the funding pause as an appropriate use of executive power; House Speaker Mike Johnson called it "an application of common sense".[19][13] Republican Senator Kevin Cramer said on January 28 that he supported the pause, adding that Trump was testing his own authority and "getting some guidance that presidents have more authority than they'd traditionally used".[13]
Legal challenges
Following a lawsuit by the legal nonprofit Democracy Forward, Judge Loren AliKhan of the United States District Court for the District of Columbia issued a "brief administrative stay" temporarily blocking the pause in funding until a hearing set for February 3. The stay went into effect just minutes before the pause was scheduled to begin.[23][24][25]
After the attorneys general of 22 states (Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, North Carolina, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin) and the District of Columbia sued, Judge John J. McConnell Jr. of the United States District Court for the District of Rhode Island ruled in their favor on January 31, 2025, by issuing a temporary restraining order to block the funding pause indefinitely in these states and D.C.[26][27] McConnell called the OMB memo "wide-ranging, all-encompassing, and ambiguous", adding that it "cites no legal authority" and in any case, "no federal law would authorize the Executive’s unilateral action here", which contravenes "the separation of powers".[28][15][29]
Rejecting the Trump administration's argument as "constitutionally flawed", McConnell explained: "The executive branch has a duty to align federal spending and action with the will of the people as expressed through congressional appropriations, not through 'presidential priorities'" as claimed by the Trump administration.[27] Furthermore, the Trump administration had argued that the retraction of the OMB memo rendered the case moot, but McConnell rejected this, citing a tweet by Press Secretary Leavitt denying "rescission of the federal funding freeze".[15] McConnell wrote: "The evidence shows that the alleged rescission of the OMB directive was in name-only and may have been issued simply to defeat the jurisdiction of the courts. The substantive effect of the directive carries on", warranting judicial action.[27]
On February 10, McConnell cited the suing states as providing "evidence" that the Trump administration "in some cases have continued to improperly freeze federal funds and refused to resume disbursement of appropriated federal funds", causing "irreparable harm to a vast portion of this country". McConnell rejected the Trump administration's justification of "trying to root out fraud", finding that "the freezes in effect now were a result of the broad categorical order, not a specific finding of possible fraud"; hence McConnell ordered the Trump administration to "immediately restore frozen funding".[30]: 3–4 [31]
Trump filed an emergency appeal of the January 31 ruling, but on February 11, the 1st U.S. Circuit Court of Appeals rejected it in favor of continued action by the district court.[32] The appeals court judges said that the Trump administration did "not cite any authority in support of their administrative stay request or identify any harm related to a specific funding action or actions that they will face without their requested administrative stay".[33]
References
- ^ a b c Stein, Jeff; Bogage, Jacob; Davies, Emily (January 28, 2025). "White House pauses all federal grants, sparking confusion". The Washington Post. Archived from the original on February 1, 2025. Retrieved February 1, 2025.
- ^ a b Uebelacker, Erik (January 29, 2025). "White House rescinds controversial federal aid freeze memo". Courthouse News. Archived from the original on 2025-01-31. Retrieved January 30, 2025.
- ^ Holland, Steve; Ward, Jasper (January 28, 2025). "White House pauses federal grant, loan other assistance programs". Reuters. Retrieved February 1, 2025.
- ^ Hals, Tom; Sullivan, Andy (January 29, 2025). "Trump's spending pause and its legality". Reuters. Retrieved February 1, 2025.
- ^ Holland, Steve; Cohen, Luc; Sullivan, Andy (January 29, 2025). "Trump aid freeze stirs chaos before it is blocked in court". Reuters. Retrieved February 1, 2025.
- ^ Farrar, Molly (January 28, 2025). "Mass. is suing over federal funding freeze as Medicaid system appears to be down". boston.com. Retrieved February 1, 2025.
- ^ Hansler, Jennifer; Rose, Andy; Luhby, Tami; Cole, Devan (January 28, 2025). "Judge temporarily blocks part of Trump administration's plans to freeze federal aid". CNN. Retrieved February 1, 2025.
- ^ "Which Federal Programs Are Under Scrutiny? The Budget Office Named 2,600 of Them". The New York Times. January 28, 2025. Archived from the original on January 30, 2025. Retrieved February 1, 2025.
- ^ Tsui, Karina; Boyette, Chris (January 29, 2025). "A judge paused a freeze on federal funding, but many facets of American life are left in limbo. Here's what we know". CNN. Retrieved February 1, 2025.
- ^ Natanson, Hannah (January 28, 2025). "Here's what we know — and don't know — about the Trump funding freeze". The Washington Post. Archived from the original on January 31, 2025. Retrieved February 1, 2025.
- ^ Deng, Grace (January 29, 2025). "Here's What We Know About Trump's Pause on Federal Spending". Snopes. Retrieved February 1, 2025.
- ^ "Trump Administration Pauses Federal Financial Assistance". Holland & Knight. January 28, 2025. Retrieved February 1, 2025.
- ^ a b c Sprunt, Barbara; Moore, Elena; Walsh, Deirdre; Khalid, Asma; Keith, Tamara (January 29, 2025). "New memo, White House response adds to confusion on federal funding freeze". NPR. Retrieved January 29, 2025.
- ^ Kapur, Sahil; Alexander, Peter; Santaliz, Kate (January 29, 2025). "Trump administration rescinds order attempting to freeze federal aid spending". NBC News. Retrieved January 29, 2025.
- ^ a b c Barnes, Daniel; Gregorian, Dareh (February 1, 2025). "Second judge blocks Trump's federal aid funding freeze". NBC News. Retrieved February 2, 2025.
- ^ Sherman, Eli (February 7, 2025). "23 states seeking to block Trump funding freeze ask judge to enforce restraining order". WPRI. Archived from the original on February 12, 2025. Retrieved February 12, 2025.
- ^ Allen, Jonathan (February 12, 2025). "FEMA official ignores judge's latest order, demands freeze on grant funding". NBC News. Retrieved February 12, 2025.
- ^ a b Cancryn, Adam; Ward, Myah (January 28, 2025). "White House defends dramatic federal funding freeze". Politico. Retrieved January 28, 2025.
- ^ a b c d e Tony, Romm; Jeff, Stein; Jacob, Bogage; Emily, Davies (January 28, 2025). "Federal judge blocks Trump federal spending freeze after a day of chaos". The Washington Post. Retrieved January 28, 2025.
- ^ a b c Holland, Steve; Cohen, Luc; Sullivan, Andy (January 28, 2025). "Trump aid freeze stirs chaos before it is blocked in court". Reuters. Retrieved January 28, 2025.
- ^ Brunner, Jim; Elise, Takahama (January 28, 2025). "Trump order pausing federal grants is illegal overreach, says Sen. Murray". The Seattle Times. Retrieved January 28, 2025.
- ^ Hals, Tom; Sullivan, Andy (January 28, 2025). "Explainer: Trump's spending pause and its legality". Reuters. Retrieved January 28, 2025.
- ^ Schonfeld, Zach; Lee, Ella (January 28, 2025). "Judge temporarily blocks Trump's plan to freeze federal aid". The Hill. Retrieved February 1, 2025.
- ^ Megerian, Chris; Whitehurst, Lindsay (January 28, 2025). "Federal judge temporarily blocks Trump administration freeze on federal grants and loans". Associated Press.
- ^ "Federal Judge Blocks Trump's Freeze of Federal Grant Funds". The New York Times. January 28, 2025. Retrieved January 28, 2025.
- ^ Schwartz, Mattathias (January 31, 2025). "Federal Judge Orders White House to Keep Money Flowing to 22 States". The New York Times. Archived from the original on February 1, 2025. Retrieved February 2, 2025.
- ^ a b c Uebelacker, Erik (January 31, 2025). "Judge blocks Trump's federal funding freeze". Courthouse News. Retrieved February 2, 2025.
- ^ Raymond, Nate (February 1, 2025). "US judge temporarily blocks Trump from freezing federal funding". Reuters. Retrieved February 2, 2025.
- ^ Micek, John (February 1, 2025). "Mass. AG Campbell claims win after another federal judge puts brakes on Trump funding freeze". masslive.com. Retrieved February 2, 2025.
- ^ McConnell, John (2025-02-10). "Order on Motion to Enforce Temporary Restraining Order" (PDF). uscourts.gov. Archived (PDF) from the original on 2025-02-12. Retrieved 2025-02-12.
- ^ Atkins, Chloe; Gallagher, Fallon; Gregorian, Dareh (February 11, 2025). "Judge finds Trump administration violated court order halting funding freeze". NBC News. Retrieved February 11, 2025.
- ^ Whitehurst, Lindsay (2025-02-11). "Appeals Court Won't Halt Judge's Order Requiring Trump Administration To Unfreeze All Federal Cash". HuffPost. Retrieved 2025-02-11.
- ^ Barnes, Daniel; Atkins, Chloe; Gregorian, Dareh (February 12, 2025). "Appeals court rejects Trump administration bid to immediately reinstate funding freeze". NBC News. Retrieved February 13, 2025.
External links
- M-25-13 - Memorandum for heads of executive departments and agencies by Matthew J. Vaeth, Acting Director, Office of Management and Budget
- Instructions for Federal Financial Assistance Program Analysis in Support of M-25-13 by Office of Management and Budget
- In implementing President Trump’s Executive Orders... by Office of Management and Budget
- Order by Loren L. AliKhan, United States District Judge, United States District Court for the District of Columbia, on January 28, 2025
- Temporary Restraining Order by John J. McConnell Jr., Chief Judge, United States District Court for the District of Rhode Island, on January 31, 2025
- Order by John J. McConnell Jr., Chief Judge, United States District Court for the District of Rhode Island, on February 10, 2025