Thursday, April 19, 2018
Today the Seventh Circuit issued its decision in City of Chicago v. Sessions. The court upheld an injunction blocking the Trump administration from imposing restrictions on recipients of federal public safety grants. Those restrictions included what is known as the “notice” condition, “mandating advance notice to federal authorities of the release date of persons in state or local custody who are believed to be aliens,” and what is known as the “access” condition, which “required the local correctional facility to ensure agents access to such facilities and meet with those persons.”
Among other things, Judge Rovner’s majority opinion (joined by Judge Bauer) affirmed the district court’s decision to impose an injunction on a nationwide basis:
The case before us presents an example of the type of case in which a district court should properly be able to apply an injunction nationwide. The case presents essentially a facial challenge to a policy applied nationwide, the balance of equities favors nationwide relief, and the format of the Byrne JAG grant itself renders individual relief ineffective to provide full relief.
Judge Manion dissented in part, arguing that “the entry of the nationwide injunction constituted an overstep of the district court’s authority.”