Chicago Judge Won't Change Ruling Against DOJ Grant Guidelines That Hurt Sanctuary Cities

CHICAGO, IL — A Chicago federal judge won't change his earlier decision that struck down law enforcement grant requirements instituted by the Trump administration that deny funding to sanctuary cities. In his 41-page ruling last month, U.S. District Judge Harry Leinenweber granted a preliminary injunction to block new U.S. Department of Justice guidelines for how money the Edward Byrne Memorial Justice Assistance Grant program is dispersed, saying Attorney General Jeff Sessions had no authority to create the new requirements. The September ruling applied to DOJ grant applicants across the country.

After Leinenweber's decision, Sessions filed a motion that asked the judge to limit his ruling only to Chicago, so that smaller jurisdictions that rely on the grants wouldn't be hurt, according to the Chicago Tribune. Leinenweber, however, refused to make that concession Friday, writing in his decision that such a move would undermine the "rule of law," the report stated.

The judge contended that dropping the injunction for smaller cities "would leave the Attorney General free to continue enforcing the likely invalid conditions," the report added. Leinenweber's ruling still faces another appeal before Chicago's 7th U.S. Circuit Court of Appeals. (Get Patch real-time email alerts for the latest news for Chicago — or your neighborhood. And iPhone users: Check out Patch's new app.)

RELATED: Feds Can't Deny Grants To Sanctuary Cities: Judge

The City of Chicago filed its lawsuit against the Justice Department in August and asked a judge to declare the federal requirements unlawful. The DOJ grant standards the city objected to included allowing U.S. Department of Homeland Security officials unlimited access to local law enforcement facilities. City officials also objected to giving the federal agency a notice of at least 48 hours before a suspect is released from police custody, a condition Mayor Rahm Emanuel's administration has argued would force authorities to hold someone for longer than allowed under the Fourth Amendment.

RELATED: Jeff Sessions Blasts Chicago's DOJ Lawsuit: Follow The Law Or No Federal Money

Over the years, the city has used that money to pay for SWAT equipment, police vehicles, radios and Tasers. In 2016, Chicago received $2.3 million in Byrne grant funding, and it has used that money on SWAT equipment, police vehicles, radios and Tasers over the years. Despite the new guidelines, Chicago already has applied for $1.5 million in grant money.

Letters from the Justice Department were sent Wednesday to Chicago Police Supterintendent Eddie Johnson and Cook County Board President, saying the city and county had not followed federal immigration laws in 2016. Chicago and Cook County officials have until Oct. 27 to show the DOJ that's not the case, according to the letters.

RELATED: Trump Could Add More Federal Grant Requirements: City Of Chicago Lawyer

“Jurisdictions that adopt so-called ‘sanctuary policies’ also adopt the view that the protection of criminal aliens is more important than the protection of law-abiding citizens and of the rule of law,” Sessions said in a statement concerning the letters released Thursday.

Other cities receiving letters were New Orleans, New York and Philadelphia.

More via the Chicago Tribune

U.S. Attorney General Jeff Sessions during an Aug. 2 speech in Columbus, Ohio. (Photo by Jay LaPrete | Associated Press)

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