A federal appeals court in Chicago has ruled that President Donald Trump's administration can not withhold public safety grants from cities that don't cooperate with its immigration enforcement policies, agreeing with a temporary injunction imposed earlier this year by a lower court judge.
Like the district judge, the appellate judges found that Chicago was likely to succeed in its case that such conditions would be a violation of the Constitution and law, as Congress did not authorize those conditions when it created the grants.
The Trump administration in July imposed a situation that cities receiving public security grants should agree to tell federal brokers when immigrants within the nation illegally are about to be launched from police detention.
The appeals court decision is related to a lawsuit filed a year ago by the city of Chicago in the U.S. District Court for Northern Illinois questioning the constitutionality of the Justice Departments attempts to force local police departments to assist federal immigration officials.
Under Attorney General Jeff Sessions, the Justice Department.
In a strong rebuke to the administration, Rovner added that allowing federal agencies to manipulate conditions for grant funding without congressional approval could lead to "tyranny". "But the power of the purse rests with Congress, which authorized the federal funds at issue and did not impose any immigration enforcement condition on the receipt of such funds".
The judge who wrote the opinion called the attorney general's move a "usurpation of power". But one judge issued a partial dissent, saying that the ruling should apply to Chicago only.
In a statement, Justice Department spokesman Devin O'Malley said the department still believes it has the authority to impose the conditions and criticized the judiciary's use of nationwide prohibitions to block the administration's agenda. The Appeals Court cautioned that their role is not to assess immigration policy, but to protect the separation of powers between cities, states, and the federal government. "We will continue to fight to carry out the department's commitment to the rule of law, protecting public safety, and keeping criminal aliens off the streets to further perpetrate crimes".
The federal government provides the money through the Edward Byrne Memorial Justice Assistance Grant, which aims to reduce gun violence, equip officers with body cameras, improve mental health services, and reduce unnecessary incarceration.
Chicago has refused to comply with the Justice Department's demand that immigration agents be given access to local jails, and that the city notify the feds when an undocumented immigrant is about to be released from custody.
The Justice Department argued a trio of state laws that, among other things, bar police from asking people about their citizenship status or participating in federal immigration enforcement activities are unconstitutional and have kept federal agents from doing their jobs.
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