The Second Circuit Court of Appeals reversed a lower court's decision today that will allow the Trump Administration to withhold certain funds from jurisdictions that refuse to cooperate with Immigration and Customs Enforcement. The ruling allows the Justice Department to withhold Byrne JAG federal grants from hundreds of local governments across the country if they continue to protect criminal illegal aliens.
The ruling is a significant victory for Pres. Trump and those who oppose sanctuary policies.
The Court ruled that:
- Jurisdictions cannot restrict communications with federal authorities about the citizenship and immigration status of its incarcerated aliens;
- Jurisdictions must provide federal authorities with information on the release dates of its incarcerated aliens, if requested by the federal authorities; and
- Jurisdictions must allow federal immigration authorities access to incarcerated aliens.
In response to the ruling, the Justice Department issued the following statement:
"Today’s decision rightfully recognizes the lawful authority of the Attorney General to ensure that Department of Justice grant recipients are not at the same time thwarting federal law enforcement priorities. The grant conditions here require states and cities that receive DOJ grants to share information about criminals in custody. The federal government uses this information to enforce national immigration laws--policies supported by successive Democrat and Republican administrations. All Americans will benefit from increased public safety as this Administration is able to implement its lawful immigration and public safety policies. While today’s ruling is a major victory for Americans, its full scope will not be realized until the practices of granting nationwide injunctions and associational injunctions are stopped, as certain cities that are parties to this judgment may nonetheless use rulings from other courts to evade these lawful conditions.”
According to the Bureau of Justice Assistance, the Byrne JAG grants are the leading source of federal justice funding to state and local jurisdictions. Funding can be used for law enforcement, prosecution, indigent defense, courts, crime prevention and education, corrections and community corrections, drug treatment and enforcement, planning, evaluation, technology improvement, and crime victim and witness initiatives and mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams.
You can read the Court's ruling by clicking here.
Updated: Wed, Mar 11th 2020 @ 2:05pm EDT