Seattle: Appeals court gives Trump a rare win in sanctuary city case – Ruling upholds DOJ’s right to award policing grants to cities that cooperate with ICE

In this Feb. 18, 2017, file photo, thousands of people take part in the "Free the People Immigration March," to protest actions taken by President Donald Trump and his administration, in Los Angeles. A federal appeals court has given the Trump administration a rare legal win in its efforts to crack down on sanctuary cities. In a 2-1 decision Friday, July 12, 2019, the 9th U.S. Circuit Court of Appeals said the Justice Department was within its rights to give priority status for multimillion-dollar community policing grants to departments that agree to cooperate with immigration officials. (AP Photo/Ringo H.W. Chiu, File)

By GENE JOHNSON,  Associated Press   SEATTLE (AP) 07/12 — A federal appeals court gave President Donald Trump a rare legal win in his efforts to crack down on “sanctuary cities” Friday, upholding the Justice Department’s decision to give preferential treatment in awarding community policing grants to cities that cooperate with immigration authorities.

The 2-1 opinion overturned a nationwide injunction issued by a federal judge in Los Angeles. The court said awarding extra points in the application process to cities that cooperate was consistent with the goals of the grant program created by Congress.

“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.”

In this April 14, 2017, file photo, protesters hold up signs outside a courthouse in San Francisco. A federal appeals court has given the Trump administration a rare legal win in its efforts to crack down on sanctuary cities. In a 2-1 decision Friday, July 12, 2019, the 9th U.S. Circuit Court of Appeals said the Justice Department was within its rights to give priority status for multimillion-dollar community policing grants to departments that agree to cooperate with immigration officials. (AP Photo/Haven Daley, File)

 

Federal courts have blocked some efforts by the administration to withhold money from sanctuary cities, including an executive order issued by the president 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.

The 9th Circuit’s ruling Friday concerned a different program, Community Oriented Policing Services, or COPS, grants, which are used to hire more police officers. Previously, the Justice Department has given extra points to cities that agree to hire veterans, or that operate early intervention systems to identify officers with personal issues, or that have suffered school shootings.

In 2017, under then-Attorney General Jeff Sessions, the Justice Department for the first time decided extra points would go to cities that listed immigration enforcement as a priority or that certified they would cooperate with federal immigration authorities by allowing them access to detainees in city jails and giving 48 hours’ notice before an undocumented immigrant was released from custody.

Los Angeles applied for a grant that year, but declined to list immigration enforcement as a priority — it listed building community trust instead — or to make the certification. It failed to win, and it sued.

In this Jan. 10, 2018, file photo, U.S. Immigration and Customs Enforcement, ICE agents serve an employment audit notice at a 7-Eleven convenience store in Los Angeles. A federal appeals court has given the Trump administration a rare legal win in its efforts to crack down on sanctuary cities. In a 2-1 decision Friday, July 12, 2019, the 9th U.S. Circuit Court of Appeals said the Justice Department was within its rights to give priority status for multimillion-dollar community policing grants to departments that agree to cooperate with immigration officials. (AP Photo/Chris Carlson, File)

 

The Justice Department had introduced conditions that impermissibly coerced the grant applicants to enforce federal immigration law, the city said. It also said the immigration-related conditions were contrary to the goals for which Congress had approved the grant money: to get more police on the beat, developing trust with the public.

The judges in the majority, Sandra Ikuta and Jay Bybee, both appointed by Republican President George W. Bush, rejected that.

“Cooperation relating to enforcement of federal immigration law is in pursuit of the general welfare, and meets the low bar of being germane to the federal interest in providing the funding to ‘address crime and disorder problems, and otherwise … enhance public safety,'” Ikuta wrote.

Several other jurisdictions did win funding without agreeing to the DOJ’s immigration enforcement preferences, she noted.

Judge Kim Wardlaw, appointed by Democratic President Bill Clinton, dissented, calling the majority’s opinion “Orwellian” in the way it tried to equate federal immigration enforcement with enhanced community policing.

In this Tuesday, Feb. 7, 2017, photo released by U.S. Immigration and Customs Enforcement, foreign nationals are arrested during a targeted enforcement operation conducted by U.S. Immigration and Customs Enforcement (ICE) aimed at immigration fugitives, re-entrants and at-large criminal aliens in Los Angeles. A federal appeals court has given the Trump administration a rare legal win in its efforts to crack down on sanctuary cities. In a 2-1 decision Friday, July 12, 2019, the 9th U.S. Circuit Court of Appeals said the Justice Department was within its rights to give priority status for multimillion-dollar community policing grants to departments that agree to cooperate with immigration officials. (Charles Reed/U.S. Immigration and Customs Enforcement via AP, File)

 

“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 Los Angeles city attorney’s office did not immediately respond to an email seeking comment.

Supporters of sanctuary cities say that encouraging local police to participate in federal immigration enforcement is counterproductive: People will be less likely to report crimes if they believe they’ll be deported for doing so. But the 9th Circuit’s opinion found that to be a question of policy, not law, said David Levine, a professor at University of California Hastings College of the Law.

“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,” Levine said. “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.”

https://www.apnews.com/00fe0b991957400bb641f347b051b562

Copyright 2019 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Posted in: Court Rulings, Courts & Trials, Dept. of Justice, ICE, Illegal Immigration, Lawsuits, Public Safety, Sanctuary Cities/States, U.S. Government

Leave a Reply

Your email address will not be published. Required fields are marked *

11 + 14 =

Terms of Use for Posting Comments

Terms of Use

This site (the “Site”) is operated and maintained by Law Enforcement Education Foundation, Corporation (“Company”). Throughout the Site, the terms “we”, “us” and “our” refer to Company.  The words “user,” “you” and “your” as used herein refer to you.

Please read these terms and conditions of use (“Terms of Use”) carefully before contributing content. If you do not agree to these Terms of Use, please do not contribute content. Your use of the Site is subject to the Terms and Conditions found here .

By contributing content to the Site, you represent and warrant that you are at least eighteen (18) years old and that you have read and understand these Terms of Use and any amendments thereto and agree to be bound by them. If you are not at least eighteen (18) years old or you do not agree and accept these Terms of Use, you are prohibited from contributing content.

From time to time, we may permit users to submit content to the Site.  You hereby acknowledge and agree that by submitting remarks, comments, suggestions, ideas, graphics, feedback, edits, concepts, comments, photographs, illustrations and other materials (other than personal information and/or registration information) through the Site (individually and collectively, “Submissions”), you (i) grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created, without attribution to you; (ii) grant us the right to pursue at law any person or entity that violates your and/or our rights in your Submissions; and (iii) forever waive any and all of your rights, including but not limited to moral rights, if any, in and to your Submissions, including, without limitation, any all rights or requirements of attribution or identification of you as the author of the Submission or any derivative thereof.  We reserve the right to remove any of your Submissions from the Site, in whole or in part, without notice to you, for any reason or no reason.

Submissions are made voluntarily. Any submissions which include personally identifiable information are subject to our Privacy Policy found here .  You may not upload or otherwise publish content on the Site that (i) is confidential to you or any third party; (ii) is untrue, inaccurate, false or other than an original work of your authorship; (iii) that relates to or impersonates any other person; (iv) violates the copyright, trademark, patent or other intellectual property rights of any person or entity; (v) contains any content, personally identifiable information or other information, or materials of any kind that relate or refer to any other person or entity other than the provider of the products, goods or services to which the Submission relates; or (vi) violates any law, or in any manner infringes or interferes with the rights of others, including but not limited to the use of names, information, or materials that (A) libel, defame, or invade the privacy of any third party, (B) are obscene or pornographic, (C) are harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (D) constitute personal attacks on other individuals; (E) promote criminal, immoral or illegal activity; (F) promote or advertise any person, product or service or solicit funds; or (G) are deemed confidential by any contract or policy.

You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions posted by you or any third party.

Unless approved by us in writing in advance, you agree not to: (i) provide or create a link to the Site; or (ii) create any frames at any other sites pertaining to any of the content located on the Site.

We reserve the right, in our discretion, to update, change or replace any part of these Terms of Use for Posting Comments by posting updates and/or changes to our Site.  It is your responsibility to check this page periodically for changes.  Your continued use of, and/or access to the Site, following the posting of any changes to these Terms of Use for Posting Comments, constitutes your acceptance of those changes.