Court allows Trump to withhold funds from 'sanctuary' jurisdictions
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[February 27, 2020]
By Jonathan Stempel
NEW YORK (Reuters) - President Donald
Trump's administration can withhold millions of dollars in law
enforcement funds from states and cities that refuse to cooperate with
federal immigration authorities, a U.S. appeals court ruled on
Wednesday.
The unanimous decision by a three-judge panel of the 2nd U.S. Circuit
Court of Appeals in Manhattan was a victory for Trump in his years-long
fight with so-called sanctuary jurisdictions.
It overturned a lower court ruling directing the release of federal
funds to New York City and the states of New York, Connecticut,
Massachusetts, New Jersey, Rhode Island, Virginia and Washington.
The states and city sued over a 2017 policy conditioning receipt of the
funds by state and local governments on their giving federal immigration
officials access to their jails, and advance notice when immigrants in
the country illegally are being released from custody.
Three federal appeals courts in Chicago, Philadelphia and San Francisco
have upheld injunctions barring enforcement of at least some of the
administration's conditions on the so-called Edward Byrne Memorial
Justice Assistance Grants.
Wednesday's decision sets up a possible appeal to the U.S. Supreme
Court, which often resolves legal disputes that divide lower courts.
In the decision, Judge Reena Raggi said the case "implicates several of
the most divisive issues confronting our country" including immigration
policy and law enforcement, illegal immigrants, and the ability of state
and local governments to adopt policies the federal government dislikes.
A U.S. Justice Department spokesman called the decision a "major victory
for Americans" in recognizing Attorney General William Barr's authority
to ensure that grant recipients do not thwart federal law enforcement
priorities.
Trump, a Republican seeking re-election on Nov. 3, takes a hardline
stance toward legal and illegal immigration.
His battle against Democratic-led "sanctuary" jurisdictions focuses on
laws and policies making it harder for U.S. Immigration and Customs
Enforcement officials to find and arrest immigrants they consider
deportable.
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President Donald Trump hosts a "California Sanctuary State
Roundtable" at the White House in Washington. U.S., May 16, 2018.
REUTERS/Kevin Lamarque
The funding conditions announced by then-Attorney General Jeff
Sessions affected nearly $26 million of annual grants to the seven
states and $4 million to New York City.
"It is part of the administration's campaign to coerce and bully
state and local governments to adopt policies it prefers," said Cody
Wofsy, a lawyer at the ACLU Immigrants' Rights Project, which filed
a brief opposing the administration's conditions.
Wofsy called Wednesday's decision "a major outlier," though state
and municipalities could still "opt out" of contributing to federal
immigration enforcement.
The office of New York Attorney General Letitia James said it was
reviewing the decision. New York City's law department had no
immediate comment.
U.S. District Judge Edgardo Ramos in Manhattan in Nov. 2018 declared
the conditions unconstitutional, saying the administration acted
arbitrarily and capriciously in withholding grants without
considering the impact on local law enforcement.
Raggi, however, said the conditions "help the federal government
enforce national immigration laws and policies supported by
successive Democratic and Republican administrations."
Byrne was a New York City police officer shot to death at age 22 in
1988 while guarding the home of a Guyanese immigrant helping
authorities investigate drug trafficking.
The case is New York et al v U.S. Department of Justice et al, 2nd
U.S. Circuit Court of Appeals, Nos. 19-267, 19-275.
(Reporting by Jonathan Stempel in New York; Editing by Will Dunham)
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