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FEMA launches review of migrant shelter aid, suggesting smuggling laws were violated

Mar. 13, 2025, 8:29 PM ET
By VALERIE GONZALEZ Associated Press

McALLEN, Texas (AP) — The Trump administration has launched a review of organizations that provide temporary housing and other aid to migrants, suggesting they may have violated a law used to prosecute smugglers.

The Department of Homeland Security has “significant concerns” that federal grants used to address a surge of migration under former President Joe Biden were used for illegal activities, wrote Cameron Hamilton, acting administrator of the Federal Emergency Management Agency.

His letter, dated Tuesday and obtained by The Associated Press, asks recipients of grants from FEMA’s Shelter and Services Program to provide names and contact information for migrants served and “a detailed and descriptive list of specific services provided” within 30 days. The letter says funding will be withheld during the review.

While it doesn’t explicitly threaten criminal prosecution, it raises concerns that recipients may have violated U.S. Criminal Code Section 1324, a felony offense against bringing people across the border illegally or transporting them within the United States. It also says executive officers must sign sworn statements that they have no knowledge or suspicions of anyone in their organizations violating the smuggling law.

Separately on Wednesday, federal prosecutors delivered subpoenas to shelters in New York City that have been used to house migrants, partially with funding from FEMA.

Subpoenas sent to the Roosevelt Hotel and Stewart Hotel in midtown Manhattan sought the names, birth dates and other personal information about migrants staying in the shelters, according to two people briefed on the matter who requested anonymity because they were not authorized to discuss the legal process.

A similar subpoena was delivered to a building that once housed the the Hotel Chandler, which was converted into a homeless shelter years ago but does not primarily house migrants. Local officials speculated the document may have been sent in error. The similarly named Candler building, an office tower near Times Square, currently serves as a migrant shelter.

A spokesperson for the U.S. attorney's office in Manhattan and for the Justice Department in Washington declined to comment. FEMA did not immediately respond to a request for comment late Wednesday.

The demand appears to be a new salvo against organizations that provide food, housing and travel aid to people who cross the border. Migrants often arrive exhausted, low on money and unsure how to navigate on their own through bus stations and airports.

Texas Gov. Greg Abbott, a Republican who was at odds with the Biden administration over immigration and is closely aligned with the Trump White House, took a similar tack against migrant aid groups but was blocked in court. His administration paid to bus thousands of migrants from Texas to New York City, which is required by law to provide shelter to any person who needs it.

New York City leased the empty Roosevelt Hotel, which closed after the COVID-19 pandemic, to serve as the main arrival center for newcomers. Last month, FEMA abruptly clawed back more than $80 million in grants that had been awarded to New York City during Biden's administration after Elon Musk questioned the legality of the payments. The city has gone to court seeking the return of the money.

Mayor Eric Adams said his administration hasn't been apprised of the investigation Thursday.

"They don’t tell us anything. We don’t have the authority to go into their reviews on immigration," he said at an unrelated event.

But the Democrat defended migrant shelter staffers.

“The workers should never get caught up in the politics of this," Adams said. “That is who my heart goes out to.”

Adams last month announced the shelter at the Roosevelt would cease operations by June. The city is currently housing more than 42,700 migrants in 180 sites, down from nearly 70,000 last January. Spokespersons for the Adams’ administration declined to comment on the subpoenas Thursday, citing the ongoing investigation.

FEMA’s Shelter and Services Program awarded $641 million to dozens of state and local governments and organizations across the country in the 2024 fiscal year to help them deal with large numbers of migrants who crossed the border from Mexico. They include the cities of New York, Philadelphia, Chicago and Denver, as well as the United Way of Miami, the San Antonio Food Bank and several branches of Catholic Charities.

The Adams administration on Thursday confirmed it received the FEMA letter and was reviewing it.

The Trump administration has fiercely criticized states, counties and cities that limit cooperation with federal immigration authorities. Last month, it sued Chicago over laws that it said thwarted federal law enforcement.

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Associated Press reporters Jake Offenhartz and Philip Marcelo in New York contributed to this report.

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