Grant money designated for local and state law enforcement may be withheld by the Attorney General from sanctuary jurisdictions, the 2nd Circuit Court of Appeals ruled today. This reverses previous injunctions against withholding grants that were imposed by lower courts.
Seven states—Connecticut, Massachusetts, New Jersey, New York, Rhode Island, Virginia, and Washington—plus New York City had won previous lawsuits against the administration, but this ruling reverses those victories. Now, the Department of Justice can withhold grant money from jurisdictions that fail to cooperate with federal law enforcement, particular Immigration and Customs Enforcement (ICE), in attempts to take criminal illegal immigrants into custody.
Previously, jurisdictions only had to demonstrate they were communicating with federal law enforcement about criminal illegal immigrants taken into custody. But the new rules say they must also allow federal law enforcement to enter and take illegal aliens into custody, following the edicts of “detainers” sent by the Department of Justice. Sanctuary jurisdictions choose to ignore these detainers and release the criminal illegal immigrants before they can be apprehended and deported.
But even the old rules were not always being kept as ICE was not being informed of apprehensions. As The Daily Wire reported:
As evidence has shown, cities and states have actively prevented local law enforcement from communicating with federal authorities about criminal illegal aliens. As The Daily Wire previously reported, U.S. Immigration Customs and Enforcement (ICE) arrested hundreds of criminal illegal aliens in September 2019, even as states across the country refused to inform them when criminals were being released from prison due to sanctuary city policies. In March 2019, ICE officials arrested more than 20 illegal immigrants after they were released from New York prisons without notifying federal authorities. In Illinois, Cook County ignored more than 1,000 ICE detainers in fiscal year 2019, allowing criminals back onto the streets to harm more U.S. citizens.
Sanctuary cities represent a false federalism. The tenets of federalism, which establish that local, city, county, and state jurisdictions have power to operate as they see fit regardless of what the federal government tells them, are not in play with sanctuary jurisdictions. Because criminal illegal aliens often roam freely around the country as a result of their release in sanctuary jurisdictions, the effects of their policies unfairly hit surrounding areas. The sins of one jurisdiction cannot be allowed to negatively impact others.
This is a big win for the Trump administration in its fight against illegal immigration. Preventing illegal border crossings and visa overstays are two facets, but the ability to remove criminal illegal aliens is essential to the safety of American citizens.