FTA Amends Master Agreement to Remove Immigration Enforcement Provision

FTA has issued an amendment to its Master Agreement to remove a provision relating to immigration enforcement.

On Nov. 4, 2025, the U.S. District Court in Rhode Island issued a decision addressing a USDOT grant condition requiring recipients to cooperate with federal officials in enforcing federal immigration law (the “Immigration Enforcement Condition” or “IEC”). California v. Duffy, 1:25-cv-208-JJM-PAS (D.R.I.) (Nov. 4, 2025). The Court’s order stated that:

“The IEC is declared unlawful and ordered vacated from all grant agreements administered by defendants. Defendants are permanently enjoined from implementing or enforcing the IEC against the states or otherwise attempting to condition federal transportation funding on state cooperation with federal civil immigration enforcement.”

Accordingly, USDOT will not include any grant conditions requiring cooperation with federal civil immigration enforcement in any grant agreements presented to recipients for signature on or after Nov. 4, 2025. To the extent any such conditions are included in any grant agreement that was executed or presented for signature prior to Nov. 4, USDOT will not enforce those conditions, the conditions have no legal effect, and the conditions should be considered stricken from the agreements. USDOT reserves its rights to appeal the order.

FTA’s Master Agreement contains the standard terms and conditions that apply to every grant, cooperative agreement, and loan authorized by federal public transportation law or administered by FTA. The amendment removes a provision no longer enforceable per a recent court order.