Second Circuit rules Trump can withhold funds from 'sanctuary' states, cities

Appellate ruling sets stage for potential Supreme Court decision

Published: February 27, 2020 7:40am

Updated: February 27, 2020 9:10am

Cities and states that want to declare themselves sanctuaries from federal immigration policies will now pay a price.

The Second Circuit Court of Appeals in New York ruled Wednesday that President Trump’s January 2017 executive order to withhold federal funds from so-called "sanctuary" cities and states that choose to resist efforts to enforce U.S. immigration laws was within the scope of his authority. 

 

The funds in question are the more than $25 million annually allocated by Congress through the Edward Byrne Memorial Justice Assistance Grant, which are doled out to aid criminal justice efforts. 

The court ruling overturns a lower court’s order, which called for the president to release federal funds to New York City and seven states — Connecticut, Massachusetts, New Jersey, New York, Rhode Island, Virginia and Washington. 

Cities and states that declare themselves "sanctuaries" do not help enforce federal deportation laws for residents who are non-criminal illegal immigrants.

Some local law enforcement officials believe obeying the orders of federal immigration agencies, like ICE, discourages illegal or undocumented immigrants from cooperating with them during investigations and reporting crimes. 

The appeals court ruling, written by Judge Reena Raggi, conflicts with decisions on the same issue by three other federal courts of appeal. These legal disagreements could set the stage for the issue to be decided ultimately by the Supreme Court. 

A Justice Department spokesperson called the ruling “a major victory for Americans.” 

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