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Judge: Trump's Justice Department can't deny funds for 'sanctuary cities'

September 15, 2017

A federal judge ruled on Friday that the U.S. attorney general cannot block funding to so-called sanctuary cities after current Attorney General Jeff Sessions announced plans earlier this year to do just that.

The ruling grants the city of Chicago's request for a temporary nationwide injunction. Here's how Sessions described the Trump administration's plan for sanctuary cites on March 27:

"Some states and cities have adopted policies designed to frustrate the enforcement of our immigration laws," Sessions said. "Such policies cannot continue. They make our nation less safe by putting dangerous criminals back on our streets."

U.S. District Judge Harry Leinenweber on Friday blocked the Trump administration's plans to withhold funds from cities that "refuse to help enforce immigration laws" and "seek to protect" unauthorized immigrants from federal authority. The Chicago judge found Sessions to be exceeding his authority particularly when it comes to the Edward Byrne Memorial Justice Assistance Grant (JAG) Program.

In July, Sessions announced that so-called sanctuary jurisdictions could not win grants from JAG, which are meant to help fund law enforcement, prosecution, courts, drug treatment and enforcement and other public safety needs.

"The executive branch cannot impose the conditions without congressional authority," wrote Leinenweber, who was appointed by President Ronald Reagan.

Chicago Mayor Rahm Emanuel said the ruling "means essential resources for public safety will not come with unlawful strings attached, and the Trump justice department cannot continue to coerce us into violating and abandoning our values."

Rep. Andy Biggs, R-Arizona, on the other hand, took to Twitter in a series of tweets to say he thinks the ruling "defies the Constitution" and that he doesn't expect it to last long.

Others voiced frustration at the ruling along with Biggs.

And others applauded the decision.

What's the Trump administration's response to all this? Though the ruling came late Friday, Justice Department spokesman Devin O'Malley released this statement:

"By protecting criminals from immigration enforcement, cities and states with ‘so-called' sanctuary policies make their communities less safe and undermine the rule of law. The Department of Justice will continue to fully enforce existing law and to defend lawful and reasonable grant conditions that seek to protect communities and law enforcement."