Federal Judge in Chicago Blocks New Requirements For Grants Affecting Sanctuary Cities
A federal judge in Chicago recently blocked
the U.S. Justice Department from denying grant funds to “sanctuary cities” –
cities that have declined to cooperate with federal immigration enforcement –
finding the Department had exceeded its legal authority by requiring cities to either comply
with immigration officials or face losing public safety grant funds.
Attorney General Jeff Sessions imposed
new requirements on the Justice Department’s Byrne Justice Assistance Grant
program. That program funds state and local law enforcement initiatives. The new
requirements would have allowed federal immigration authorities access to local
jails. They would also require cities to provide 48 hours notice before they
release an immigrant who was in the country illegally in order to allow time
for them to be apprehended by federal immigration authorities. Any cities
that refused to comply would have had their Byrne funds withheld.
Chicago Mayor Rahm Emanuel filed suit
arguing that Chicago would not “be blackmailed” into changing its values as a “sanctuary
city” that is welcoming of immigrants.
Enacting the Justice Department requirements would, claimed Emanuel,
“drive a wedge of distrust” between the immigrant community and police forces. Prior to the new requirements, Chicago had
requested $1.5 million in Byrne grant funds for next year, all of which would
presumably be withheld due to its status as a “sanctuary city.”
Finding that Congress provided no
authorization for the Attorney General to add the new conditions to the Byrne
program, the federal judge placed a temporary nationwide injunction on the new
requirements in order to prevent the Justice Department from withholding grant
money until there is a final determination in the suit.
Post Authored by Jessi DeWalt, Ancel Glink
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