Los Angeles Times

‘Sanctuary cities’ rules blocked

The requiremen­ts called for cooperatio­n with immigratio­n agents to get funding.

- By Jason Meisner and John Byrne Meisner and Byrne write for the Chicago Tribune.

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.

 ?? BRIAN CASSELLA Chicago Tribune ?? CHICAGO MAYOR Rahm Emanuel’s administra­tion sued the Justice Department last month over the immigratio­n requiremen­ts.
BRIAN CASSELLA Chicago Tribune CHICAGO MAYOR Rahm Emanuel’s administra­tion sued the Justice Department last month over the immigratio­n requiremen­ts.

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