A federal judge in Rhode Island on Friday blocked the U.S. Department of Housing and Urban Development (HUD) from requiring the recipients of homeless housing grants to adhere to the administration’s policies on immigration enforcement and transgender access.
Newsweek contacted the HUD for comment on Saturday via email outside of regular office hours.
Why It Matters
Friday’s ruling demonstrated that with Republicans controlling the White House and both chambers of Congress, the courts continue to be one of the main impediments of Trump administration policy.
What To Know
On Friday, U.S. District Judge Mary McElroy in Providence, whom President Trump nominated in 2019, imposed a temporary restraining order preventing the HUD from enacting new criteria for the distribution of $75 million toward homeless housing.
The new grant application criteria were published by HUD on September 5.
According to the National Alliance to End Homelessness (NAEH) and the Woman’s Development Corporation (WDC), which brought the case, the proposed rules would have prevented funding being allocated to so-called “sanctuary” jurisdictions which have laws in place limiting collaboration with federal law enforcement.
The new proposed regulations also required applicants to say they “will not deny the sex binary in humans or promote the notion that sex is a chosen or mutable characteristic.”
JIM WATSON/AFP/GETTY
Lawyers for the NAEH and WDC argued these rules would be unconstitutional as they infringe on Congress’ powers over federal spending.
Judge McElroy’s temporary restraining order prevented these changes from going ahead and also stopped the homelessness grant funding from expiring on September 30, as it was due to, while the full case is still pending. During her ruling, which was delivered via Zoom, McElroy also accused the HUD of presiding over “chaos” with a rushed policy.
In January 2025, President Trump issued an executive order stating that the U.S. government only recognizes two genders, male and female, and instructing federal employees to “protect men and women as biologically distinct sexes.”
According to data from the HUD in 2024 on a single night, a record 771,480 people in the United States experienced homelessness, up 18 percent on the same figure from 2023.
What People Are Saying
During the hearing, Judge McElroy said: “I think that it’s unfortunate that we’re here on these things that are done so last minute by these agencies. But here we are again.”
Speaking to Reuters, lawyer Kristin Bateman, who represented the plaintiffs, accused the HUD of “blackballing organizations and projects based on the policies of the states and localities that they’ve adopted at their local level.”
Addressing The Providence Journal on Friday, Justice Department attorney Joshua Schopf said the HUD had the authority to impose its new grant conditions adding “there’s nothing contrary to law here.”
What Happens Next
The restraining order issued by Judge McElroy is only temporary while the full case is heard. It remains to be seen how McElroy will rule on the merits of the case, and any decision she makes could be subject to further legal challenge.
