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Justice Department Sued Over Withholding Funds from Sanctuary Cities

08 August 2017

"We will fight them with every lawful tool available". Lord knows, crime is rampant in Chicago.

In its complaint, Chicago raises numerous same federalism and separation of powers issues as I did in my post. They also argue that holding foreigners in jail at the request of immigration authorities could force them to keep inmates longer than is permitted under the Constitution. And if an entity receiving federal funding does not want the feds to call the tune, shouldn't that entity refuse the funding? A new study by the American Immigration Council found that while the number of unauthorized immigrants to the United States more than tripled from 1990 to 2013, the violent crime rate declined by nearly half.

Last month, Sessions announced that the Justice Department would deny a type of federal public safety grant to so-called sanctuary jurisdictions that withhold information about crime suspects from US Immigration and Customs Enforcement. On Monday they made good by filing a motion to keep the money flowing.

Smaller cities have been put under federal scrutiny as well.

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The dispute over sanctuary cities, where the local authorities limit their cooperation with federal immigration officials, pits two visions of public safety against each other.

The complaint lists an impressive lineup of attorneys representing Chicago, including three who have served in or been nominated to top Justice Department roles in Democratic administrations. Chicago, a regular target of Republican President Donald Trump because of its murder rate, expected to receive $3.2 million this year for purchasing equipment. There must be something else afoot here.

Emanuel "complains that the federal government's focus on enforcing the law would require a 'reordering of law enforcement practice in Chicago, '" Sessions said.

This takes some work to sort out. Among his priorities on this front is cracking down on "sanctuary cities", which in the administration's view undermine efforts to root out and deport violent criminals who are in the country illegally.

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The suit, filed Monday in Chicago federal court, claims new conditions placed on public safety grants are "unauthorized and unconstitutional".

As conservatives often pointed out during the Obama Administration, the modern executive has already appropriated far too much power that more properly belongs to Congress or the states.

The suit, which was filed this week by Mayor Rahm Emanuel, contains 46 pages and states, "neither federal law nor the United States Constitution permits the Attorney General to force Chicago to abandon. critical local policy [on immigrants]". "Our job is not to investigate immigration status".

On July 25, the top court in MA struck down ICE's request that illegal immigrants facing deportation be held for up to 48 hours after their initial cases were resolved, ruling that authorities have no right to hold an immigrant after they have been released for a crime because it would amount to a new arrest of the person, which is not authorized by the laws of MA, the state's Supreme Court said.

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Mr. Trump and his attorney general, Jeff Sessions, have argued that sanctuary policies like Chicago's endanger American citizens and police officers by allowing undocumented immigrants who commit crimes to stay in the country and evade justice.

Justice Department Sued Over Withholding Funds from Sanctuary Cities