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emfizz.com September 24, 2017


Judge: Sessions can't deny grant money for sanctuary cities

17 September 2017, 12:57 | Terri Saunders

Federal judge in Chicago blocks Trump administration hold on grants to sanctuary cities

Another Federal Judge Smacks Down Another Trump Administration Policy – This Time on Sanctuary Cities

In July, Sessions announced that so-called sanctuary jurisdictions could not win grants from JAG, which are meant to help fund law enforcement, prosecution, courts, drug treatment and enforcement and other public safety needs.

The move was a significant escalation in the Trump administration's approach to sanctuary jurisdictions, which typically refuse to honor federal requests to detain immigrants in jails past their scheduled release dates unless the requests are accompanied by a judicial warrant. The ruling further frustrates an administration mired in litigation over immigration policy since Trump took office in January. President Donald Trump has made tougher immigration enforcement a centerpiece of his campaign and presidency, along with a pledge to build a wall on the U.S.

It's unclear whether the ruling means the Leinenweber will ultimately decide in favor of the city.

The grant at issue is called the Edward Byrne Memorial Justice Assistance Grant, and the funds benefit law enforcement.

On Friday afternoon, Emanuel declined to speculate on whether the Trump administration would find another rationale to deny the city the grant — something that has never happened. Here, we follow binding Supreme Court precedent and the persuasive authority of the Second Circuit, neither of which elevates federalism to the degree urged by the City here.

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The Justice Department grants at issue typically are used to help police improve crime-fighting techniques, buy new equipment and assist victims of crime. Leinenweber declined to block a requirement that cities certify their compliance with a federal law barring local governments from restricting the sharing of information with federal immigration authorities. You would think that legal immigrants would be up in arms about this policy, but this is not the case. "The new standards would also require local authorities to give 48 hours' notice "where practicable" before releasing from custody people who federal immigration agents suspect of being in the country illegally".

San Francisco, Los Angeles and the state of California also sued the federal government over the threat of losing Byrne grants.

If Trump sticks to that position, experts say it could sap Democrats' support for Wednesday's tentative agreement between Trump and the top two Democrats in Congress to seek a law giving legal status to roughly 800,000 mostly young illegal aliens brought to the country as children.

The decision is notably a preliminary injunction, meaning the Trump administration is temporarily - but not permanently - blocked from action while the case progresses through the courts.



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