Federal judge unfreezes $16 billion Gateway tunnel funds after the Trump administration withheld reimbursements

 February 9, 2026

A federal judge in Manhattan handed down a temporary ruling Friday unfreezing funds the Trump administration had withheld from the $16 billion Gateway rail tunnel project connecting New York and New Jersey — a decision that came just hours after both states warned construction would grind to a halt without the money.

U.S. District Judge Jeannette Vargas found that New York and New Jersey were likely to succeed on their claims that the administration's directive freezing the funds was arbitrary and violated legal procedures for making policy changes. The ruling covers $205 million in reimbursements withheld since October 1.

The decision injects new uncertainty into a dispute that has become a magnet for Democratic grandstanding — and raises real questions about how infrastructure dollars get tangled in politics regardless of which party is doing the tangling.

The project and the freeze

The Gateway Project is meant to replace the existing Hudson Tunnel, a piece of infrastructure that carries more than 200,000 travelers and 425 trains daily. Hurricane Sandy heavily damaged the tunnel in 2012, and the project has limped through planning and funding phases ever since.

Under the Biden administration, the project was allocated roughly $15 billion in federal support — a staggering commitment that deserves its own scrutiny, according to CNBC. About $2 billion has been spent so far. The Gateway Development Commission warned that 1,000 construction workers would be idled by the suspension of funds.

The Department of Transportation said it froze the money pending a review of the project's compliance with new prohibitions against race- and sex-based considerations in contracting decisions. Gateway says it made changes and conducted a review to ensure compliance with those regulations. It has not heard back from the Department of Transportation.

That silence is worth noting. If the administration's stated reason for the freeze is a compliance review, then the review should actually proceed. Gateway claims it responded to the concerns. Whether that response was adequate is a legitimate question — but leaving it unanswered while funds sit frozen gives Democrats exactly the ammunition they want.

Democrats smell a microphone

New York and New Jersey filed a lawsuit on January 3, describing the fund freeze as a "brazen act of political retribution" against their Democratic leaders. That's a characterization, not a fact — and the distinction matters. The states chose the most inflammatory framing available and built their legal case around it.

New Jersey Acting Attorney General Jennifer Davenport wasted no time after the ruling:

"The Trump Administration must drop this campaign of political retribution immediately and must allow work on this vital infrastructure project to continue."

Senator Cory Booker held a press conference near the project site on Friday and offered his own theory about why funds were withheld — Trump "seems to want to put his name on everything."

New York Senator Kirsten Gillibrand went further:

"These naming rights aren't tradable as part of any negotiations, and neither is the dignity of New Yorkers ... The president continues to put his own narcissism over the good-paying union jobs this project provides and the extraordinary economic impact the Gateway tunnel will bring."

This is the part where it helps to separate what's verified from what's speculated. Trump has reportedly demanded that Washington Dulles Airport and New York's Penn Station be renamed for him in exchange for unfreezing the funds. Trump told reporters Friday he had not proposed renaming either one — and said it was actually Schumer who proposed renaming Penn Station, with "numerous people" suggesting the Dulles name change. Schumer called that claim an "absolute lie" on social media. A source familiar with the matter told Reuters that Schumer had told the White House he didn't even have the power to rename either facility.

The he-said-he-said is unresolved. What is clear: Democrats are using the ambiguity to turn an infrastructure funding dispute into a personality referendum. That's a play they know well.

The real question no one's asking

Lost in the noise is a straightforward policy question: Should $15 billion in federal money flow to a project in two deep-blue states with minimal accountability review?

The Biden administration committed an extraordinary sum to this project. That commitment was made during a period of historic federal spending, much of it rushed through with minimal oversight. A compliance review — the stated reason for the freeze — is not inherently unreasonable. Federal dollars attached to DEI-related contracting requirements deserve examination, particularly when the current administration has made eliminating such requirements a policy priority.

The problem is execution. If the Department of Transportation initiates a compliance review and then goes silent after the project authority responds, the freeze starts to look less like due diligence and more like bureaucratic limbo. That's the kind of thing that loses in court, as it did Friday.

Judge Vargas's ruling is temporary, not final. But the trajectory matters. Agencies that freeze funds need to articulate clear standards, process responses in good faith, and move decisively. Ambiguity is a gift to your opponents.

The branding sideshow

Whether or not anyone proposed renaming Penn Station or Dulles, the entire naming subplot has become a distraction that Democrats are only too happy to exploit. Every minute spent debating whose name goes on a building is a minute not spent on the substantive questions:

  • Is $16 billion a responsible price tag for this project?
  • Were Biden-era contracting requirements compliant with current federal policy?
  • Has Gateway adequately addressed the administration's concerns?
  • What accountability mechanisms exist for how the $2 billion already spent was allocated?

These are the questions that serve taxpayers. The naming debate serves cable news.

What comes next

The ruling is temporary, meaning the legal battle is far from over. But the practical effect is immediate — funds flow again, and construction can resume. The administration did not comment on the decision.

For conservatives, the Gateway saga is a useful case study in how not to lose a winnable fight. The underlying instinct — reviewing massive federal expenditures for compliance with current law — is sound. The execution created a vacuum that Democrats filled with press conferences, lawsuits, and accusations of retribution. A federal judge agreed, at least provisionally.

Two hundred thousand daily commuters depend on infrastructure that was damaged over a decade ago. That's a real problem with real consequences for working people. The strongest conservative position isn't to deny the need — it's to demand that the money is spent lawfully, efficiently, and without the DEI strings that the previous administration attached to seemingly everything it touched.

That argument wins on the merits. It just has to actually be made.

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