9th Circuit: DOJ Can Withhold Money From Sanctuary Cities
You would think lawbreaking automatically not be rewarded. Au contraire, mon frère. The left’s death grip is so fixed, this ruling is YUUUUUGE.
9TH CIRCUIT HANDS WIN TO TRUMP: DOJ CAN WITHHOLD GRANTS FROM SANCTUARY CITIES
By Legal Insurrection, July 15, 2019 at 5:00pm
“This ruling reverses a lawless decision that enabled Sanctuary City policies, putting the safety and security of all Americans in harm’s way”
On Friday, the Trump administration scored a huge win when the 9th Circuit overturned a nationwide injunction barring the DOJ from prioritizing taxpayer monies to cities and states that cooperate with federal immigration officials.
The three-judge panel, in a 2-1 vote, found that the Trump administration has the right to deny sanctuary cities and states Community Oriented Policing Services (COPS) grants.
The 9th Circuit Court of Appeals on Friday ruled in favor of the Trump administration’s efforts to prioritize federal dollars for local policing to towns and cities that complied with certain immigration policies.
The ruling, a split 2-1 decision, said the Department of Justice (DOJ) was within its rights to withhold Community Oriented Policing Services (COPS) grants from sanctuary cities and states over their refusal to work with federal immigration enforcement authorities and instead prioritize agencies that focused on unauthorized immigration and agreed to give Immigration and Customs Enforcement (ICE) access to jail records and immigrants in custody.
The city of Los Angeles first sued the administration after it was denied a $3 million grant on the grounds that it did not receive the money because it did not focus on immigration for its community policing grant application. The decision reversed a district court’s ruling.
“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,” wrote Judge Sandra Ikuta, joined by Judge Jay Bybee.
“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,” she wrote.
You can read the ruling here.
According to the LA Times, LA City Attorney Mike “Feuer said the city would explore all options, including an appeal to a larger panel of the 9th Circuit.”
“If this decision were to stand, this or another administration could add other conditions, favoring jurisdictions that criminalize abortions or allow teachers to have guns in classrooms,” Feuer said.
Needless to say, the DOJ and the White House are pleased with the 9th Circuit panel’s decision.
“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.”
Article posted with permission from Pamela Geller