LANSING – Michigan Attorney General Dana Nessel today joined a coalition of 22 states in suing the Trump Administration (PDF) over its unconstitutional, unlawful, and arbitrary decision to freeze funding for six longstanding programs administered by the U.S. Department of Education. Without this funding, as Attorney General Nessel explains in a video, many educational programs will shutter – already, ongoing summer learning programs have been left unfunded. The attorneys general argue that the funding freeze violates the federal funding statutes and regulations authorizing these critical programs and appropriating funds for them, violates federal statutes governing the federal budgeting process, including the Antideficiency Act and Impoundment Control Act, and violates the constitutional separation of powers doctrine and the Presentment Clause. They ask the court for declaratory and injunctive relief.
“Courts across the country have made it clear to Donald Trump that he and his administration do not have the authority to unilaterally block funding that Congress has already approved,” Nessel said. “These education grants are designed to help Michigan students thrive. By freezing them, the Trump White House is not just breaking the law but jeopardizing our kids’ future. Just as I have before, I will stand with my colleagues to protect the resources our students deserve.”
For decades, Michigan and other states have used funding under these programs to carry out a broad range of programs and services, including educational programs for migratory children and English learners; programs that promote effective classroom instruction, improve school conditions, and incorporate the use of technology in the classroom; community learning centers that offer students a broad range of opportunities for academic and extracurricular enrichment; and adult education and workforce development efforts.
Pursuant to federal statutory and regulatory requirements, each year the Department of Education makes around 25% of the funds for these programs available to states on or about July 1 in order to permit state and local educational agencies to plan their budgets for the academic year ahead. The States have complied with the funding conditions set forth under the law and have plans that the Department of Education has already approved. The States have received these funds, without incident, for decades, including as recently as last year. However, this year, on June 30, state agencies across the country received a notification announcing that the Department of Education would not be “obligating funds for” six formula funding programs on July 1.
This funding freeze has immediately thrown into chaos plans for the upcoming academic year. Local education agencies have approved budgets, developed staffing plans, and signed contracts to provide vital educational services under these grants. Now, as a result of the Trump Administration’s actions, States find themselves without sufficient funding for these commitments, just weeks before the start of the 2025-2026 school year. Essential summer school and afterschool programs, which provide childcare to working parents of school age children, are already being impacted. The abrupt freeze is also wreaking havoc on key teacher training programs as well as programs that make school more accessible to children with special learning needs, such as English learners.
The freeze affects six programs in Michigan, totaling approximately $171 million. Impacted programs – administered through the Michigan Departments of Education (MDE), Lifelong Education, Advancement, and Potential (MiLEAP), and Labor and Economic Opportunity (LEO) – include:
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Title I-C – Education of Migratory Children, which supports the educational needs of students whose families frequently move for seasonal agricultural or fishing work.
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Title II-A – Supporting Effective Instruction, which provides supplemental funding to help local education agencies (LEAs) implement professional development leadership initiatives that strengthen teaching and improve student academic achievement.
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Title III-A – English Language Acquisition, Language Enhancement, and Academic Achievement, which supports English learners and enhances multilingual education services.
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Title IV-A – Student Support and Academic Enrichment Grants, which aims to improve student achievement by increasing the capacity of states, LEAs, schools, and local communities to offer students a well-rounded education, improve school conditions for learning, and improve the use of technology to boost academic achievement and digital literacy.
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Title IV-B – 21st Century Community Learning Centers, which offers out-of-school academic support, enrichment, youth development, and family engagement for K-12 students.
- Adult Basic Literacy; Integrated English Literacy; and Civics Education Grants, which ensure adult education providers can support learners in developing basic reading, writing, mathematics, and English language skills. Programs also help adults receive high school completion or equivalency and gain the workforce skills needed for employment.
A motion for preliminary injunction (PDF), filed contemporaneously with the case, includes written declarations from MDE, MiLEAP, and LEO that describe how the withholding of these funds affects children, local school districts, adult learners, and these state departments.
“I appreciate the opportunity to join once again Attorney General Nessel’s efforts to fight this illegal withholding and other unlawful federal actions over the last six months that hurt children in Michigan and nationwide,” said State Superintendent Dr. Michael F. Rice. “The withholding of federal Title funding negatively and disproportionately affects students who are economically disadvantaged, are migrants or English learners, or need extra help with academics before-school, after-school, or during the summer. Our schools and school districts rightfully believed that funds appropriated by Congress and signed into law by President Trump would be forthcoming. Now schools are left to scramble to try to figure out how to provide programs that are vitally important to children. This is an outrage that needs to be stopped in court.”
“Adult Education plays a crucial role in creating new opportunities for tens of thousands of Michiganders without a high school diploma or equivalent, and it supports our state’s employers by expanding the pipeline of talented, educated workers with the right skills to compete in today’s global economy,” said LEO Director Susan Corbin. “LEO planned to use these funds to support nearly 100 adult education providers across the state who were estimated to serve more than 20,000 adult learners. These programs are critical, helping adults acquire the foundational skills needed to be productive workers, family members and citizens.”
In today’s lawsuit, Attorney General Nessel and a coalition argue that the Trump Administration’s actions violate federal funding statutes and Appropriations Act, Antideficiency Act, Administrative Procedures Act, and U.S. Constitution, including the separation of powers doctrine, equitable ultra vires, and the Presentment Clause. They asked the Court to declare the funding freeze unlawful – as courts have repeatedly done in other multistate cases – and block any attempts to withhold or delay this funding.
Attorney General Nessel joins the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin, as well as the states of Kentucky and Pennsylvania.
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