Court upholds ruling, blocks Trump administration in sanctuary cities case
Donald Trump's offensive against so-called sanctuary cities was dealt a blow on Thursday when a United States appeals court panel made up of Republican-appointed judges upheld an injunction blocking the justice department from certain threats it has made against the havens nationwide.
The appeals court agreed the injunction should apply nationally while the lawsuit proceeds in federal court.
It comes as President Donald Trump has been targeting his fury on Twitter at sanctuary cities, which administration officials accuse of jeopardizing public safety.
The seventh circuit court of appeals backed a lower court's order in a case brought by the city of Chicago.
The three-judge panel sided with the city of Chicago, which sued the Trump administration past year after Attorney General Jeff Sessions announced that the DOJ would deny certain publicly safety grants to law enforcement agencies in cities that limited their cooperation with Immigration and Customs Enforcement (ICE).
The appellate court upheld the nationwide scope of the injunction first ordered in September by U.S. District Judge Harry Leinenweber in Chicago.
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"The power of the purse rests with Congress, which authorized the federal funds at issue and did not impose any immigration enforcement conditions on the receipt of such funds", she wrote.
A three-judge panel-all of whom are Republican appointees-ruled that there were strong indications that the administration exceeded its legal authority in trying to implement the new conditions without approval from Congress.
Justice Division spokesman Devin O'Malley mentioned the division "believes it exercised its authority, given by Congress, to connect situations to ... grants that promote cooperation with federal immigration authorities when the jurisdiction has an unlawful alien who has dedicated a criminal offense of their custody". "One should only be issued where it is absolutely necessary, and it is far from absolutely necessary here".
"The founders of our country well understood that the concentration of power threatens individual liberty and established a bulwark against such tyranny by creating a separation of powers among the branches of government", Rovner wrote.
The judges sided with the city of Chicago in the case, which had challenged Attorney General Jeff Sessions' July effort to condition the Edward Byrne Memorial Justice Assistance Grant Program on two new requirements: allowing federal immigration authorities access to local detention facilities and providing the Department of Homeland Security with at least 48 hours' notice before local officials release an undocumented immigrant wanted by federal authorities. "A nationwide preliminary injunction is more extreme still". The Justice Department says in a statement that the use of such nationwide injunctions is a "dangerous precedent", and may be unconstitutional.
The Trump administration March 6 sued California to block state laws that extend protections to undocumented people, the most aggressive move yet in its push to force so-called sanctuary cities and states to cooperate with immigration authorities.
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