Skip to comments.9th Circuit rules in favor of Trump admin in 'sanctuary city' case
Posted on 07/12/2019 2:18:18 PM PDT by jazusamo
The Ninth Circuit Court of Appeals 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, ruled that the Justice Department 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 courts ruling.
The panel rejected Los Angeless argument that DOJs practice of giving additional consideration to applicants that choose to further the two specified federal goals violated the Constitutions 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.
Judge Kim Wardlaw wrote in dissent that the Justice Departments efforts to prioritize immigration in determining the awarding of COPS grants was Orwellian and said the majoritys ruling goes astray.
The majority goes astray by finding no meaning in Congresss use of the term community-oriented policing and then deferring under Chevron to DOJs Orwellian effort to define community-oriented policing to include partnering with federal law enforcement to address illegal immigration, she wrote.
Congress did not authorize COPS grants for anything other than placing additional state and local cops on the beat and promote community partnerships.
Congress created the fund in 1994 to provide federal assistance to state and local law enforcement to get more cops on beats and improve police-community interaction. It allowed the Justice Department to administer the funds.
President Trump has repeatedly railed against sanctuary cities as he touts his hardline immigration stances.
He floated the idea earlier this year of retaliating by releasing undocumented immigrants and refugees and last year to the cities. He also issued an executive order last year blocking sanctuary cities from receiving certain federal funding. San Francisco sued over the order, and ultimately won its case.
A city which defies Federal law is at risk of losing feral funds.
Seems like a no-brainer.
It’s also an example of how the federal government shouldn’t be funding these kinds of things in the first place.
Off the Wall Ping!
Trump is going to flip the 9th circuit to our side.
Heard this on Jay Sekulow today.... Trump is doing great job with circuit courts.. The nutty 9th is quaking. I actually couldnt believe it at first. If this continues, it will be worth whatever hell we have to go through to get 2020 done.
$3 million is peanuts. Trump should cut off ALL Federal aid to these cities.
Illegals are a big source of crime. It makes perfect sense to withhold law enforcement funding from localities which coddle criminals.
He can't, for the same reason Obama couldn't cut off all Medicaid payments to those states who refused to expand Medicaid under Obamacare.
This is awesome, the whole State of Mexifornia gets Nothing!!
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Dhims are gonna cheat by any means necessary through fraud, collapsing the economy, or even a few billionaires colluding to create a false flag attack in some sh*thole country. They will literally say and do anything. If a few million die, that is a small price to pay to keep the free taxpayer money fountain going at full bore. Losing the courts is an existential threat to them
I have no idea who dreamed this one up, but it is absolutely ingenious! The courts said Trump couldn’t cut off funds to cities that did not support the federal laws. So why fight them. There are two sides to this game. If you can’t unfund places that don’t comply, then reward those that do. The courts can’t do anything in this as the places that don’t are still receiving their fair share of fed money. But the places that support him will receive extra warm fuzzies they have earned. This is outstanding!!! And talk about an opportunity to shut out the courts in there endeavors to shove the conservative efforts around. Have a good day, 9th. You just got Trumped.
Read the article, this will mean much than that $3 million.
2-1 decision. Just means a lucky draw for Trump. Almost certainly goes the way when it goes to the full court but for now a win is a win.
Sounds to me like just another unnecessary federal program that should be shut down. We need to get rid of all of this kind of stuff and slash the federal budget and federal bureaucracy. It is amazing to me that Los Angeles would sue over not getting federal grants, but not question the wisdom of its citizens having to send 15%-33% of their income to some bureaucrats in Virginia to decide how much of it to send back to the city. The whole system is nuts.
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