DOJ gives sanctuary cities final chance to comply with Trump's immigration rules

SCREEN CAPTURE / FOX

U.S. Attorney General Jeff Sessions

IN THE ONGOING war between the Trump administration and a host of cities, counties and the State of California, the Justice Department today (Oct. 12) fired off another salvo against those jurisdictions that have refused to comply with the questionable immigration policies.

Initially, the DOJ is targeting seven jurisdictions following a preliminary assessment of the jurisdictions’ compliance with 8 U.S.C. 1373. These jurisdictions were identified in a May 2016 report by the Department of Justice’s Inspector General as having laws that potentially violate 8 U.S.C. 1373. 

The following jurisdictions have preliminarily been found to have laws, policies, or practices that may violate 8 U.S.C. 1373: 

• Cook County, Illinois; 
• Chicago, Illinois; 
• New Orleans, Louisiana; 
• New York, New York; and 
• Philadelphia, Pennsylvania. 

The Trump administration has taken a hardline position against so-called "sanctuary cities" claiming they leave violent criminals on the streets. The assessment is its latest effort to force "sanctuary cities" to comply with federal immigration orders.

RELATED: Judge upholds injunction vs. federal actions against 'sanctuary' jurisdictions

Proponents of "sanctuary cities," like Philadelphia Mayor Jim Kenney, say they create trust between police and immigrants, who otherwise might be afraid to report crimes.

Mayor Kenney said Philadelphia welcomes immigrants and supports its immigrant communities.

"We're doing smart policing and, as a result, we had the lowest level of crime in 2016 that we've had in 40 years," Kenney said before the latest DOJ warning. "We will not let this administration interfere with our longstanding efforts to bring members of Philadelphia's immigrant community from the shadows."

Philadelphia has filed a lawsuit against the Session's policy tying federal funds to compliance with immigration rules alleging that new JAG funding requirements that force cities to abandon "sanctuary city" policies are unlawful.

Two federal judges, in California and Chicago, have ruled that the Trump administration's new requirements for receiving a key law enforcement grant that hinged on immigration enforcement could cause "irreparable harm," adding that the city had shown a "likelihood of success" in its case that Attorney General Jeff Sessions exceeded his authority in requiring local jurisdictions to comply with the new standards.

U.S. District Court Judge Harry D. Leinenweber blocked the DOJ from enforcing the new measures, which it introduced earlier this summer, meaning cities applying for the funds this year will not have to comply.

"The harm to the city's relationship with the immigrant community, if it should accede to the conditions, is irreparable," Leinenweber wrote. "Once such trust is lost, it cannot be repaired through an award of money damages."

The DOJ also found no evidence that the following jurisdictions are currently out of compliance with 8 U.S.C. 1373: 

• Milwaukee County, Wisconsin; and 
• the State of Connecticut. 

The department also previously sent letters to the following jurisdictions notifying them that the department found no evidence that they are currently out of compliance with 8 U.S.C. 1373: 

• Clark County, Nevada; and 
• Miami-Dade County, Florida. 

Jurisdictions that were found to have possible violations of 8 U.S.C 1373 will have until Oct. 27, 2017 to provide additional evidence that the interpretation and application of their laws, policies, or practices comply with the statute. 

“Jurisdictions that adopt so-called ‘sanctuary policies’ also adopt the view that the protection of criminal aliens is more important than the protection of law-abiding citizens and of the rule of law,” said Sessions. 

“I commend the Milwaukee County Sheriff’s Office and the State of Connecticut on their commitment to complying with Section 1373, and I urge all jurisdictions found to be out of compliance in this preliminary review to reconsider their policies that undermine the safety of their residents. We urge jurisdictions to not only comply with Section 1373 but to establish sensible and effective partnerships to properly process criminal aliens.”