A federal judge heard arguments on Thursday for a motion filed by the cities of Chelsea and Somerville seeking an injunction to prevent the Trump administration from withholding millions of dollars in funding because they identify as sanctuary cities.
The motion is part of a lawsuit lawyers for the cities filed in US District Court in February accusing the government of launching an unconstitutional attack on localities, in the form of withholding federal funds from cities that do not allow police to join Immigration and Customs Enforcement agents in arresting undocumented residents.
“As self-governing cities under the Massachusetts Constitution, Chelsea and Somerville are permitted to make this policy choice, and the United States Constitution protects them from attempts by the federal government to coerce them into assisting with federal immigration enforcement,” the cities wrote in a June memorandum supporting their motion.
Oren Sellstrom, an attorney for the plaintiffs, said during oral arguments on Thursday that collaboration between local police and ICE would discourage residents from reporting crime, making Chelsea and Somerville less safe.
Sellstrom added that the Trump administration’s “truly unprecedented campaign” to pressure sanctuary cities has become increasingly aggressive and puts funding for infrastructure, homeless prevention, and meals for the elderly in jeopardy.
He pointed to a $4 million Department of Transportation contract to improve roadways in Somerville that he says is under threat. Following a series of executive orders, the Department of Transportation would only release the funds if Somerville agreed to “bend to the president’s will,” Sellstrom said.
US District Court Judge Nathaniel M. Gorton asked Sellstrom if any of the $4 million had yet been withheld. Gorton repeatedly pressed Sellstrom on how the Trump administration’s harm to the cities was imminent and irreparable, criteria the judge must weigh in deciding whether to issue a preliminary injunction while the lawsuit plays out.
“This is not a case where the DOT is acting in a rogue capacity,” Sellstrom, litigation director of the advocacy organization Lawyers for Civil Rights, answered.
He added that the DOT is acting in line with Trump’s orders for all of the federal government to withhold funds, which leaves city budgets “thrown into chaos.”
Sellstrom emphasized that the preliminary injunction was necessary so city officials can properly plan their fiscal budgets, which rely in large part on federal funds. Somerville received close to $19.4 million in federal funds in the 2024 fiscal year, while Chelsea received $14.5 million, according to a release from Lawyers for Civil Rights.
He said multimillion-dollar shortfalls amount to “immediate, ongoing, and escalating” harm, and the Trump administration is putting a “gun to the head” of local entities.
Elisabeth Neylan, the attorney for the US, argued that grant decisions have yet to be made, leaving the court nothing on which to render a decision.
She said the cities’ argument regarding the Trump administration’s all-agency pressure campaign on sanctuary cities did not hold water, as the executive orders only applied to the Departments of Homeland Security and Justice.
In May, the Department of Homeland Security placed Chelsea and Somerville on a published list titled “Sanctuary Jurisdictions Defying Federal Immigration Law.” Neylan said the list was taken down shortly thereafter.
She added that Chelsea and Somerville’s budgetary uncertainty does not constitute irreparable harm but is merely the “regular course of business” when future revenue is unknown.
Gorton prompted Sellstrom to explain why the plaintiffs could not challenge the Trump administration once the funds are actually withheld.
Sellstrom said the government has hung a sword above the head of sanctuary cities with implications for funds beyond Somerville’s $4 million roadway grant.
“That’s the point of the preliminary injunction, to stop the harm from happening,” Sellstrom said.
“Speech is not the same as action,” Gorton replied.
The judge adjourned Thursday’s hearing without ruling on a preliminary injunction, saying he would take the matter under advisement.
Outside the courthouse, lawyers for the cities gathered with Somerville Mayor Katjana Ballantyne and Chelsea City Manager Fidel Maltez to speak with reporters.
“Somerville follows the law,” Ballantyne said. “The federal administration wants to coerce us into using our local police in mass deportation plans instead of allowing them to do local policing for which they have been trained.”
Somerville has been a sanctuary city since 1987, and voted to reaffirm that status last year after Trump’s election victory. Chelsea declared itself a sanctuary city in 2007.
Jade Lozada can be reached at jade.lozada@globe.com.