NC among states saying Trump administration is ignoring judge's FEMA order

Luciana Perez Uribe Guinassi, The News & Observer on Feb 17, 2026

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North Carolina Attorney General Jeff Jackson and a coalition of fellow Democratic attorneys general on Tuesday accused the Trump administration of ignoring a court order requiring it to restore a federal disaster preparedness program.

They called on the court to enforce an order from December requiring the Federal Emergency Management Agency to reinstate the Building Resilient Infrastructure and Communities program.

At stake is roughly $225 million for more than 70 infrastructure resiliency and disaster preparedness projects in North Carolina, according to the N.C. Department of Public Safety. Nationwide, FEMA had halted $3.6 billion in BRIC funding that was awarded but not yet paid.

“The court was clear when it ruled on this case in December,” Jackson said in a news release. “FEMA already broke the law once and lost in court. It cannot be allowed to continue evading the law. Towns and cities are waiting for the money they’re owed so they can be ready for the next storm.”

A FEMA spokesperson said in an email that “FEMA and DHS are complying with court orders.” FEMA did not reply to questions about if and when the agency planned to resume the program and release the approved funds.

Jackson joined a lawsuit in July alongside fellow Democratic attorneys general from more than 20 other states, after FEMA officials announced in April 2025 that the BRIC program was ending. This came as the Trump administration was also considering eliminating the agency entirely.

U.S. District Judge Richard Stearns ruled in December that FEMA lacked authority to shut down the BRIC program without congressional approval and issued a preliminary injunction ordering the agency to restore the program and move forward with approved grants. In that order, the court required FEMA to “promptly take all steps necessary to reverse the termination of the BRIC program.”

But according to Jackson’s release, despite over two months passing since the order, FEMA has not restarted the BRIC program, funded projects already in the pipeline, or taken applications for new BRIC projects.

“Not only is FEMA flouting the court, but it is continuing to disregard Congress’s directive to fund disaster mitigation. As a result, time-sensitive community safety projects have been stalled despite local governments doing everything they were supposed to do,” Jackson’s release says.

Jackson’s motion says “many of FEMA’s regional offices seem to lack information about whether and when” BRIC funding will resume. Others have said FEMA is taking a “wait and see” approach, according to the motion.