States sue U.S. over policy tying funds
to immigration compliance
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[July 19, 2018]
By Brendan Pierson
NEW YORK (Reuters) - New York and five
other states filed a lawsuit on Wednesday seeking to block the Trump
administration from making cooperation with federal immigration
authorities a condition for receiving millions of dollars in federal
funding for law enforcement.
The lawsuit, brought by New York, Connecticut, Massachusetts, New
Jersey, Virginia and Washington, claimed that the U.S. Department of
Justice had no legal authority to impose the condition.
New York City filed a similar lawsuit on Wednesday. Both lawsuits were
filed in Manhattan federal court.
"Local law enforcement has the right to decide how to meet their local
public safety needs, and the Trump administration simply does not have
the right to require state and local police to act as federal
immigration agents," New York Attorney General Barbara Underwood said in
a press statement.
Wednesday's lawsuits concern the Edward Byrne Memorial Justice
Assistance Grants, which provide federal funds for state and local law
enforcement. They are the latest in a number of legal battles over
President Donald Trump's immigration policies, which have included
separating children and parents crossing the Mexican border illegally.
"Today's lawsuit is a disservice to these states' law-abiding citizens,
but the Department of Justice will continue to fight for the rule of
law, to protect public safety, and to keep criminal aliens off the
streets," Justice Department spokesman Devin O’Malley said in a
statement.
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The administration said last year that to receive funding, state and
local governments must give federal immigration authorities access
to their jails and advance notice of immigrants' release from
custody.
The six states, which received grants totaling $25 million in the
last fiscal year, said they were given an Aug. 10 deadline to decide
whether to accept funds with conditions.
New York City said it was entitled to $4 million but that the
Justice Department has refused to release it.
A federal appeals court in Chicago in April upheld a lower court
order blocking funding conditions for that city. The appeals court
is expected to hear arguments in September on whether the order
should or can apply nationwide.
Philadelphia won a separate challenge to the policy in June, and San
Francisco, Illinois and the state of California have pending court
challenges.
(Reporting By Brendan Pierson in New York; Editing by Steve
Orlofsky, Toni Reinhold)
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