‘Sanctuary cities’ rules blocked
The requirements called for cooperation with immigration agents to get funding.
CHICAGO — In a ruling with national impact, a federal judge in Chicago on Friday blocked the Trump administration’s rules requiring so-called sanctuary cities to cooperate with immigration agents in order to get a public safety grant.
U.S. District Judge Harry Leinenweber wrote in his 41page ruling that Chicago has shown a “likelihood of success” in its arguments that Atty. Gen. Jeff Sessions exceeded his authority in imposing new standards governing Edward Byrne Memorial Justice Assistance Grants across the country.
He also said Mayor Rahm Emanuel’s administration has shown the city could suffer “irreparable harm” in its relationship with the immigrant community if it were to comply with the Justice Department’s new standards.
“Once such trust is lost, it cannot be repaired through an award of money damages, making it the type of harm that is especially hard to rectify” if he were to wait until the lawsuit is settled, Leinenweber wrote.
The preliminary injunction granted by Leinenweber applies to districts nationwide.
Representatives of the Justice Department did not immediately return messages seeking comment.
The ruling comes a little over a month after the Emanuel administration filed suit against the Justice Department over its new requirements for sanctuary cities such as Chicago, that want federal funding, to give notice when immigrants in the country illegally are about to be released from custody and allow immigration agents access to local jails.
The new regulations, announced by Sessions in July, would also require local authorities to give 48 hours’ notice “where practicable” before releasing from custody people who federal immigration agents suspect of being in the country illegally.
In oral arguments last month, lawyers for the city argued that keeping people longer than 48 hours is unconstitutional and that the move by Sessions represented a slippery slope that could lead to other strings on federal money tied to administration priorities.
Chicago has already applied for $1.5 million in Byrne grants for next year, and other local municipalities and Cook County have requested about $800,000 more as part of the same application.
It’s a minuscule piece of Chicago’s roughly $9.8-billion municipal budget. Politically, however, the issue has taken on importance for the mayor, who wants to establish himself as a leader among the country’s mayors.
The ruling Friday means the mayor gets to claim a victory over the Trump Justice Department that could appeal to Chicago’s sizable Latino community as well as the city’s overwhelmingly Democratic electorate.
And with Leinenweber’s ruling being applied nationwide, he can point to a signature moment in the movement of big-city mayors across the U.S. taking steps to oppose Trump’s immigration agenda.
Emanuel has been declaring himself a protector of immigrants in the U.S. illegally since before Trump was sworn in, appearing with Rep. Luis V. Gutierrez (D-Ill.) within days of Trump’s victory over Hillary Clinton to promise he would stand up for Chicago’s “values and principles as it relates to inclusion.”
It’s a theme he has hammered in the months since, sponsoring various pro-immigrant measures in the City Council and declaring Chicago a city that will continue to welcome immigrants.
Arguing for the city last week, attorney Ronald Safer said the Byrne grants were set up specifically by Congress to give local governments leeway to decide how best to allocate money to meet their law-enforcement priorities.
Sessions is attempting to “sweep away the goals of the [Byrne] program,” Safer said.
If Sessions is allowed to take this step, he could conceivably try to exercise much broader authority over what cities have to do to qualify for this or other grants, Safer said.
“This attorney general could say, ‘We believe building a wall is related to law enforcement, so unless you send four squads of Chicago police to help build the wall, you will get no grant money,’ ” Safer said.
Assistant Atty. Gen. Chad Readler countered there are already several strings attached to the Byrne grants, among them an Obama administration requirement that cities don’t use the money on military-style weapons.
Standards are also in place for the types of police body armor that can be purchased with the money, Readler said.
If Chicago doesn’t like the rules, the city can simply opt not to apply for the money, Readler said.