Big Win For Trump On Sanctuary Cities

A three judge federal appellate panel in the 2nd Circuit has overruled a lower court and held that the federal government can withhold law enforcement grants as a way to push states to cooperate with U.S. immigration enforcement agencies. While this is only one circuit, the 2nd Circuit is based in New York City, so this is an important decision. Moreover, the states that were part of this lawsuit included: New York, Connecticut, New Jersey, Washington, Massachusetts, Virginia and Rhode Island. The most thorough reporting so far at AP: Court sides with Trump in ‘sanctuary cities’ grant fight. The fact that the decision was by a three judge panel also lends weight.

The Trump administration can withhold millions of dollars in law enforcement grants to force states to cooperate with U.S. immigration enforcement, a federal appeals court in New York ruled Wednesday in a decision that conflicted with three other federal appeals courts.  

The ruling by the U.S. 2nd Circuit Court of Appeals in Manhattan overturned a lower court’s decision ordering the administration to release funding to New York City and seven states — New York, Connecticut, New Jersey, Washington, Massachusetts, Virginia and Rhode Island. 

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The 2nd Circuit said the plain language of relevant laws makes clear that the U.S. attorney general can impose conditions on states and municipalities receiving money. 

And it noted that the Supreme Court has repeatedly observed that the federal government maintains broad power over states when it comes to immigration policies.  

In the last two years, federal appeals courts in Chicago, Philadelphia and San Francisco have ruled against the federal government by upholding lower-court injunctions placed on the enforcement of some or all of the challenged conditions.  

“While mindful of the respect owed to our sister circuits, we cannot agree that the federal government must be enjoined from imposing the challenged conditions on the federal grants here at issue,” the 2nd Circuit three-judge panel said in a decision written by Judge Reena Raggi.  

“These conditions help the federal government enforce national immigration laws and policies supported by successive Democratic and Republican administrations. But more to the authorization point, they ensure that applicants satisfy particular statutory grant requirements imposed by Congress and subject to Attorney General oversight,” the appeals court said.  

The Justice Department praised the decision, issuing a statement calling it a “major victory for Americans” and saying it recognizes that the attorney general has authority to ensure that grant recipients are not thwarting federal law enforcement priorities.

The battle isn't over--the conflict of circuits will likely mean this case is going to the SCOTUS. Nevertheless, it's a significant step forward. You can read the full opinion here.