No cooperation, No money
The 2nd U.S. Circuit Court of Appeals ruled on Feb. 26 the administration can withhold federal law enforcement grants. They are grants to cities and states. Those refusing cooperation with immigration enforcement officials can face the sanction. A typical offense is refusing to release information about the immigration status of alleged or convicted criminals.
Following the court’s decision, Judge Reena Raggi wrote for the three-judge panel, “we cannot agree that the federal government must be enjoined from imposing the challenged conditions on the federal grants here at issue… 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.”
“As per recent Federal Court ruling, the Federal Government will be withholding funds from Sanctuary Cities. They should change their status and go non-Sanctuary. Do not protect criminals!” Trump tweeted. He did not specify when the cut off of funds would begin.
The feds have the authority and the money
A Department of Justice (DoJ) spokesperson told The New York Times (NYT) that the court’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 Department of Justice first announced its intentions in 2017.
It made known it would begin withholding grant money from cities and states. The process will continue until they agreed to give federal immigration authorities access to jails. They must also provide advance notice when someone in its custody who is in the country illegally would be released from jail.
Those who thumbed their nose
In response to the Justice Department decision, the federal government was sued by seven states and New York City. The federal appeals courts in Chicago, Philadelphia and San Francisco previously ruled in favor of sanctuary states New York, Connecticut, New Jersey, Washington, Massachusetts, Virginia and Rhode Island, and New York City.
Federal law requires local governments to cooperate with immigration officials. It requires sharing information about the immigration status of people they arrest or convict of crimes. In an effort to shield people in the country illegally from potential deportation many sanctuary jurisdictions refuse.
As reported by the NYT, Trump announced in February: The administration sent 100 border patrol officers to assist ICE efforts in sanctuary cities. The cities included Atlanta, Boston, Chicago, Detroit, Houston, Los Angeles, New Orleans, New York, San Francisco and Newark, New Jersey. When Trump tweets sanctuaries listen or their taxes are going to go up to maintain the same level of police protection.