The Ninth Circuit Court of Appeals ruled that the Trump administration can withhold some federal funds for local policing from so-called sanctuary cities.
A three-judge panel of the court ruled 2–1 that the Justice Department could deny Community Oriented Policing Services (COPS) grants to cities and states that have “sanctuary” policies prohibiting law-enforcement cooperation with federal immigration authorities. The two Bush-appointed judges voted in te majority.
Los Angeles, a sanctuary city, sued the Justice Department when it was denied a $3 million grant under the administration’s policy. The Ninth Circuit’s ruling reversed the decision of a California court in that suit. The Los Angeles city attorney's office did not immediately respond to an email seeking comment.
“The panel rejected Los Angeles’s argument that DOJ’s practice of giving additional consideration to applicants that choose to further the two specified federal goals violated the Constitution’s Spending Clause,” Judge Sandra Ikuta wrote for the majority. “The panel held that DOJ did not exceed its statutory authority in awarding bonus points to applicants that selected the illegal immigration focus area or that agreed to the Certification.”
In dissent, Judge Kim Wardlaw, called the DOJ's objective of attempting to force local authorities to cooperate on illegal immigration “Orwellian.”
"Nothing in the congressional record nor the Act itself remotely mentions immigration or immigration enforcement as a goal," she wrote. "In the quarter-century of the Act's existence, Congress has not once denoted civil immigration enforcement as a proper purpose for COPS grants."
"The Department is pleased that the Court recognized the lawful authority of the Administration to provide favorable treatment when awarding discretionary law-enforcement grants to jurisdictions that assist in enforcing federal immigration laws," the Justice Department said in an emailed statement.
"This ruling reverses a lawless decision that enabled Sanctuary City policies, putting the safety and security of all Americans in harm's way," the White House said later Friday in an emailed statement. "We urge citizens across America to demand that Democrat leaders cease their support for Sanctuary policies that deprive Americans of life, limb, and liberty."
"What the Justice Department was doing before, they were trying to force sanctuary cities to do things, and yank money from them retroactively if they didn't," said David Levine, a professor at University of California Hastings College of the Law.
"They've gotten a little more sophisticated now. They're saying, 'You don't have to take this money, but if you want it, it comes with strings attached.' That's a well understood way the federal government gets states to do things. You don't use a stick, you use a carrot."
"The Department is pleased that the Court recognized the lawful authority of the Administration to provide favorable treatment when awarding discretionary law-enforcement grants to jurisdictions that assist in enforcing federal immigration laws," the Justice Department said in an emailed statement.
"This ruling reverses a lawless decision that enabled Sanctuary City policies, putting the safety and security of all Americans in harm's way," the White House said later Friday in an emailed statement. "We urge citizens across America to demand that Democrat leaders cease their support for Sanctuary policies that deprive Americans of life, limb, and liberty."
The ruling is a rare win for the Trump administration. It had lost in previous attempts to cut or curb funding for other programs run by law enforcement in sanctuary cities. The Trump administration changed the requirements of the COPS grant to include immigration enforcement.
Federal courts have blocked earlier efforts by the Trump administration to withhold money from sanctuary cities, including an executive order issued by Trump in 2017 that would have barred them from receiving federal grants "except as deemed necessary for law enforcement purposes." Courts also barred the Justice Department from imposing new immigration enforcement-related conditions on Byrne Memorial Justice Assistance Grants, the biggest source of federal funding to state and local jurisdictions.
Federal courts have blocked earlier efforts by the Trump administration to withhold money from sanctuary cities, including an executive order issued by Trump in 2017 that would have barred them from receiving federal grants "except as deemed necessary for law enforcement purposes." Courts also barred the Justice Department from imposing new immigration enforcement-related conditions on Byrne Memorial Justice Assistance Grants, the biggest source of federal funding to state and local jurisdictions.
"What the Justice Department was doing before, they were trying to force sanctuary cities to do things, and yank money from them retroactively if they didn't," said David Levine, a professor at University of California Hastings College of the Law.
"They've gotten a little more sophisticated now. They're saying, 'You don't have to take this money, but if you want it, it comes with strings attached.' That's a well understood way the federal government gets states to do things. You don't use a stick, you use a carrot."
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