Feds Can't Deny Grants To Sanctuary Cities: Judge

CHICAGO, IL — A federal judge Friday struck down new requirements by the Trump administration for law enforcement grants that deny funding to sanctuary cities. In a 41-page ruling, U.S. District Judge Harry Leinenweber granted a preliminary injunction that blocks new U.S. Department of Justice guidelines that outline how money from the Edward Byrne Memorial Justice Assistance Grant program is dispersed, Mayor Rahm Emanuel's office announced Friday. Leinenweber's ruling applies to DOJ grant applicants across the country.

In his decision, Leinenweber said U.S. Attorney General Jeff Sessions had no authority to create the new requirements, the mayor's office said. During oral arguments Monday, the federal government contended that because the grants were voluntary, the City of Chicago should simply not apply for them if officials felt the new conditions were too onerous.

“Progress is never easy, but it is always worth fighting for," Emanuel said in a statement. "In Chicago we will always fight for our values and the rights of our residents. Today’s ruling means essential resources for public safety in Chicago and across the country cannot come with unlawful strings attached from the Trump Justice Department. This is not just a victory for the City of Chicago, but a win for cities, counties and states across America.” (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: Jeff Sessions Blasts Chicago's DOJ Lawsuit: Follow The Law Or No Federal Money

The City of Chicago filed its lawsuit against the Justice Department in August and asked a judge to declare the federal requirements unlawful. The suit also asked that a judge declare that Chicago and its Welcoming City ordinance — the measure that lays out its sanctuary city status for undocumented immigrants — comply with federal laws.

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

“We took this action to stand up for Chicago’s values and to ensure we did not lose important public safety grants by refusing to cooperate with these new unlawful conditions," said Chicago Corporation Counsel Ed Siskel said in a statement. "This ruling makes clear that the Attorney General does not have the authority to unilaterally impose new requirements without approval from Congress.”

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. Despite the new guidelines, Chicago already has applied for $1.5 million in grant money.

The city's lawsuit has been part of the back and forth between the Trump and Emanuel administrations over immigration policy and Chicago's continuing crime and gun violence. Sessions sharply criticized Chicago officials following the filing of the lawsuit last month. He accused them of adopting "an official policy of protecting criminal aliens who prey on their own residents." Sessions also blamed "the unprecedented violent crime surge in Chicago" on city leaders who "cannot follow some laws and ignore others and reasonably expect this horrific situation to improve."

"This administration will not simply give away grant dollars to city governments that proudly violate the rule of law and protect criminal aliens at the expense of public safety," Sessions said in a statement in August. "So it’s this simple: Comply with the law or forego taxpayer dollars."

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

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