Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Federal judge in New York rules against Trump in sanctuary cities case
The Hill ^ | 11/30/18 | Lydia Wheeler

Posted on 11/30/2018 11:13:54 AM PST by yesthatjallen

A federal judge on Friday ruled against the Trump administration's move to withhold grant funding from law enforcement agencies of so-called sanctuary cities, saying it was illegal and unconstitutional.

Judge Edgardo Ramos, of the U.S. District Court for the Southern District of New York, said the government “did not have lawful authority” to make states alert federal agents when an undocumented immigrant is going to be released from state or local custody and allow federal agents to question immigrants in custody about their legal status in order for states and cities to receive funding.

In his ruling, Ramos blocked the government from enforcing those conditions on New York, New York City and the six states that also challenged the requirements: Connecticut, Massachusetts, New Jersey, Rhode Island, Virginia and Washington.

The challengers had asked Ramos to issue a nationwide injunction, but he said they had not shown that such a move was necessary to afford them relief. He also noted the scope of other district court decisions have been limited.

A district court judge for the Northern District of Illinois issued an injunction blocking the administration from enforcing the conditions nationwide in September 2017. The ruling was affirmed by the Seventh Circuit Court of Appeals, but the court later put its nationwide scope on hold pending a review by the court’s full panel of judges.

A district court in Philadelphia has blocked the administration from enforcing the condition on Philadelphia. The government has appealed that ruling to the Third Circuit. And a district court in California blocked the condition from being enforced on the city and county of San Francisco.

New York Attorney General Barbara Underwood called the court’s decision a major win.

“As we argued, local law enforcement has the right to decide how to meet their local public safety needs – and the Trump administration simply does not have the right to require state and local police to act as federal immigration agents,” she said. “The Trump administration’s attempt to withhold these vital funds was nothing more than a political attack at the expense of our public safety.”


TOPICS: News/Current Events
KEYWORDS: enemywithin; fifthcolumn5thcolumn; illegalaliens; immigration; sanctuarycities; theenemywithin; trump
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-76 next last
To: yesthatjallen

Judge ignores/disobeys US law.


21 posted on 11/30/2018 11:28:38 AM PST by SkyDancer ( ~ Just Consider Me A Random Fact Generator ~ Eat Sleep Fly Repeat ~)
[ Post Reply | Private Reply | To 1 | View Replies]

To: yesthatjallen

Nonsense. One of the primary jobs of the federal government is to keep the border secure and deport those here illegally. States blocking that mandate are committing a crime.


22 posted on 11/30/2018 11:30:47 AM PST by Boomer (The other name for "Democrat" is "Nation Killer")
[ Post Reply | Private Reply | To 1 | View Replies]

To: yesthatjallen
RBG will kickoff not long after the new Senate is sworn in, Trump will appoint another Justice, and the USSC with three Trump appointed Justices will hear the appeal.

If they don't rule in his favor on this which is a clear violation of the separation of powers laid out in the Constitution, you'll know the Deep State isn't going anywhere no matter what Trump does.

JMHo

23 posted on 11/30/2018 11:34:25 AM PST by Rashputin (Jesus Christ doesn't evacuate His troops, He leads them to victory !!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: McGavin999

Always remember AZ got hammered and smacked down for trying to enforce federal law yet these bastards get away with violating it and the Rat Judges protect them.


24 posted on 11/30/2018 11:37:30 AM PST by gibsonguy
[ Post Reply | Private Reply | To 20 | View Replies]

To: yesthatjallen
This rule was pushed forward by John Culberson, and APPROVED by none other than LORETTA LYNCH as Attorney General.

YEARS ago.

And now skippy disagrees with it. Imagine that. An Obama judge disagreeing with an Obama rule.

25 posted on 11/30/2018 11:38:06 AM PST by onona (It is often wise to allow a person a graceful path.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Skywise

“We no longer have government - we have a totalitarian political party trying to gain power at all costs and they need votes - not citizens.”

It’s bad. The rats import their illegal voting base and disenfranchise-nullify our vote. The real citizens of the country. Then turn around and make us pay for their schooling and everything else.


26 posted on 11/30/2018 11:41:45 AM PST by Electric Graffiti (Cocked, locked and ready to ROCK!)
[ Post Reply | Private Reply | To 16 | View Replies]

To: yesthatjallen

This overturns many years of court rulings - such as the 55mph speed limit drive way back when.


27 posted on 11/30/2018 11:43:31 AM PST by MortMan (Satan was merely the FIRST politician who pretended to speak for God.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Rashputin

The courts ARE the problem. They need to be ignored. If he has to appeal everything to SCROTUS for a green or a red light, then we might as well let them run everything.


28 posted on 11/30/2018 11:45:24 AM PST by Electric Graffiti (Cocked, locked and ready to ROCK!)
[ Post Reply | Private Reply | To 23 | View Replies]

To: yesthatjallen

States rights for wetbacks huh?


29 posted on 11/30/2018 11:46:21 AM PST by mrmeyer (You can't conquer a free man; the most you can do is kill him. Robert Heinlein)
[ Post Reply | Private Reply | To 1 | View Replies]

To: escapefromboston

Shut off his paychecks.


30 posted on 11/30/2018 11:49:46 AM PST by ridesthemiles
[ Post Reply | Private Reply | To 3 | View Replies]

To: yesthatjallen

Put a young male illegal alien in the judge’s daughter’s locker room and see what he thinks about it.


31 posted on 11/30/2018 11:50:51 AM PST by Tell It Right (Put everything to the test, hold fast to that which is true. 1st Thes 5:21)
[ Post Reply | Private Reply | To 1 | View Replies]

To: yesthatjallen
What about this?

§ 1252c. Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens

(a) In general
Notwithstanding any other provision of law, to the extent permitted by relevant State and local law, State and local law enforcement officials are authorized to arrest and detain an individual who—
(1) is an alien illegally present in the United States; and
(2) has previously been convicted of a felony in the United States and deported or left the United States after such conviction,
but only after the State or local law enforcement officials obtain appropriate confirmation from the Immigration and Naturalization Service of the status of such individual and only for such period of time as may be required for the Service to take the individual into Federal custody for purposes of deporting or removing the alien from the United States.
(b) Cooperation
The Attorney General shall cooperate with the States to assure that information in the control of the Attorney General, including information in the National Crime Information Center, that would assist State and local law enforcement officials in carrying out duties under subsection (a) of this section is made available to such officials.

It seems to me that this section authorizes states to inform federal authorities so they can pick up the illegal alien.

-PJ

32 posted on 11/30/2018 11:51:10 AM PST by Political Junkie Too (The 1st Amendment gives the People the right to a free press, not CNN the right to the 1st question.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: yesthatjallen

I am of the opinion that the Judge was 1/2 right and 1/2 wrong.

The part that she got right was:
“...local law enforcement has the right to decide how to meet their local public safety needs – and the Trump administration simply does not have the right to require state and local police to act as federal immigration agents,”. That is correct.

The part that she got wrong was:
“The Trump administration’s attempt to withhold these vital funds was nothing more than a political attack ....”

These funds are DISCRETIONARY, not mandatory or an entitlement. They do not HAVE to be spent. Rather they MAY be spent. President Trump is not required to distribute these funds.


33 posted on 11/30/2018 11:56:01 AM PST by taxcontrol
[ Post Reply | Private Reply | To 1 | View Replies]

To: Skywise

I agree that the fed can’t force the local police agencies to act as federal agents.


We’ve got Americans lay dead in the streets of Democrat santuary cities. Don’t be a “useful idiot” for those murdering Democrats by defacto supporting their position.


34 posted on 11/30/2018 11:57:05 AM PST by lodi90
[ Post Reply | Private Reply | To 7 | View Replies]

To: italianquaker

One things for sure...he’s not a Trump judge.


35 posted on 11/30/2018 11:57:16 AM PST by albie
[ Post Reply | Private Reply | To 4 | View Replies]

To: mrmeyer

States rights for wetbacks huh?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~```

Yesterday I watched a movie from 1980 called Borderline with Charles Bronson. It was about the Border Patrol going after a large human smuggling ring in California and how it was a big battle to keep the illegals out.

All the Border Patrol agents called the illegals “wets”.
You couldn’t make that movie today.


36 posted on 11/30/2018 11:58:49 AM PST by shelterguy
[ Post Reply | Private Reply | To 29 | View Replies]

To: yesthatjallen

“As we argued, local law enforcement has the right to decide how to meet their local public safety needs – and the Trump administration simply does not have the right to require state and local police to act as federal immigration agents,” she said. “The Trump administration’s attempt to withhold these vital funds was nothing more than a political attack at the expense of our public safety.”

___________________________________________________

This guy already sounds like a Leftard politician.


37 posted on 11/30/2018 12:01:00 PM PST by Bishop_Malachi (Liberal Socialism - A philosophy which advocates spreading a low standard of living equally.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: morphing libertarian

Then they should find another source for their
bloated incomes and pensions


38 posted on 11/30/2018 12:01:03 PM PST by Phil DiBasquette
[ Post Reply | Private Reply | To 14 | View Replies]

To: Electric Graffiti
So you're saying Marbury v. Madison has to be overturned.

Couldn't agree with you more

39 posted on 11/30/2018 12:01:25 PM PST by Rashputin (Jesus Christ doesn't evacuate His troops, He leads them to victory !!)
[ Post Reply | Private Reply | To 28 | View Replies]

To: yesthatjallen

Fraudulently documented foreigners are exempt from our laws.


40 posted on 11/30/2018 12:03:29 PM PST by Lurkinanloomin (Natural Born Citizen Means Born Here of Citizen Parents__Know Islam, No Peace - No Islam, Know Peace)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-76 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson