Judge Halts Trump Admin’s Attempt to Withhold HUD Funds From Cambridge

A federal judge granted Cambridge a second temporary restraining order on Friday against the Trump administration’s attempt to tie homelessness funds to compliance with executive orders the city says violate its Welcoming City Ordinance.

The ruling comes after Cambridge joined more than 30 other towns, cities, and counties in a lawsuit against U.S. Secretary of Housing and Urban Development Scott Turner. The lawsuit argues that adoption of certain policies “in exchange for Continuum of Care funds is an abuse of executive power and violates the Constitution and federal laws,” according to a city statement.

On March 13, Turner posted a letter on X with a string of demands for recipients of Continuum of Care funds. Under the letter’s demands, cities were required to comply with Trump’s executive orders, certify that they do not run any diversity, equity, and inclusion programs, and pledge not to use the funding in any way that facilitates undocumented immigration.

“The city could not sign on to these new restrictions from HUD and be in compliance with our local laws,” Councilor Patricia M. “Patty” Nolan ’80 said, referencing Cambridge’s Welcoming City Ordinance which grants everyone equal treatment regardless of immigration status.

Cambridge joined the lawsuit to retain access to $6.4 million in previously approved Continuum of Care funds, which support more than a dozen housing and homelessness programs in the city each year. The temporary restraining order blocks HUD from withholding the funds due to the city’s noncompliance with the conditions through June 4, 2025.

The government argued that the court lacked the authority to grant the relief the plaintiffs sought and that the executive branch has discretion over how to spend appropriated funds.

After the TRO expires, the court will hear arguments and determine whether HUD’s action constitutes an abuse of executive power or violates federal law.

“We will be joining others to have that court recognize that this is an inappropriate request from HUD, and we are hoping that it will be completely overturned — not just a temporary restraining order, but that in the court decision it will be made permanent,” Nolan said.

In the first TRO, judge Barbara J. Rothstein recognized that the plaintiffs had shown likelihood that HUD conditions violate the Separation of Powers doctrine. She specifically found the federal government imposed conditions that were not approved by Congress and do not serve the purpose of making the administration of the grants more efficient and effective.

Rothstein also found that the plaintiffs had shown they would suffer irreparable harm without a TRO, according to the court order.

Just over two weeks later, Rothstein granted the second TRO request on the same legal grounds. But Cambridge could still lose Continuum of Care funds if it fails to comply with federal regulations at a future hearing, which has not yet been scheduled.

“We are at risk almost at any time,” said Nolan. “There’s a capriciousness to the federal administration that is hurting people across our city, and it’s of great concern to us, and we are doing our best to address that.”

— Staff writer Diego García Moreno can be reached at [email protected].