WASHINGTON, D.C. — The National Family Planning and Reproductive Health Association and the American Civil Liberties Union filed a lawsuit in federal court Thursday challenging the Trump administration’s decision to withhold Title X family planning grants.

The 35-page filing alleges the Department of Health and Human Services, which administers the reproductive health program with funding approved by Congress, has withheld $65.8 million over disagreements about organizations’ “opposition to racism” and “providing care to undocumented immigrants.”

“The Affected Members and their subrecipients operate hundreds of Title X service sites across these states, which together provide family planning care to hundreds of thousands of low-income patients, many of whom would not otherwise be able to afford such care,” the complaint says.

“Depriving these individuals of the high-quality, essential health care provided by Title X-funded health centers reduces access to (sexually transmitted infection) screening and treatment, cancer screening, and contraception, threatens the health and wellbeing of the individuals who rely on Title X for care, and undermines public health.”

The lawsuit contends California, Hawaiʻi, Maine, Mississippi, Missouri, Montana, and Utah have been completely cut off from Title X family planning grants, while Alaska, Connecticut, Idaho, Indiana, Kentucky, Minnesota, New Hampshire, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas, Virginia, and West Virginia have had their access to the funding reduced.

The case was filed in the U.S. District Court for the District of Columbia but hadn’t been assigned to a judge as of Thursday afternoon.

HHS did not immediately reply to a request for comment.

Another suit

The lawsuit is the latest filed by organizations and Democratic state attorneys general challenging the Trump administration’s efforts to freeze funding for dozens of programs.

Some, but not all, of the cases are subject to injunctions from district courts that so far have prevented the spending cuts from taking effect while the cases proceed.

The Impoundment Control Act, a 1970s-era law that requires the president to spend the money Congress appropriates, is the subject of many of the disagreements between those filing lawsuits and the Trump administration.

The National Family Planning and Reproductive Health Association wrote in the lawsuit that it represents nearly 900 members, including state, county and local health departments.

Its members “operate or administer more than 3,000 health centers that provide family planning services to more than 2.2 million patients each year.”

HHS sent letters to some of the association’s members in late March, notifying them that their Title X family planning grant funding was “being temporarily withheld based on possible violations of the terms and conditions set forth in the notice of award,” according to the complaint.

The lawsuit alleges HHS’ decision to freeze the funding stems from its members having statements on their websites “indicating support for diversity, equity, and inclusion and opposition to racism, which, HHS claims, ‘suggests’ that the Affected Members are or may be engaged in conduct that violates federal civil rights laws.”

The federal government also chose to withhold the Title X funding over “a single public statement that HHS claims gives it ‘reason to believe’ that some of the Affected Members may be providing care to undocumented immigrants, in violation of Executive Order 14218 ‘Ending Taxpayer Subsidization of Open Borders.’”

The lawsuit says that HHS never actually told any of the National Family Planning and Reproductive Health Association’s members that they had violated federal regulations, executive orders, or the law. The letters from HHS referenced only “possible violations.”

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