Tuesday, August 2, 2022

Ninth Circuit Finds that Trump Administration's Immigration Enforcement Conditions on States and Local Government Were Unlawful

The panel included Judge Sidney R. Thomas, Ronald M. Gould, and Carlos T. Bea. Judge Thomas wrote for the panel, with Judge Bea dissenting in part:

"In three consolidated appeals, a three-judge panel on Friday upheld decisions from the California and Oregon federal courts that said the DOJ, under the Trump administration, exceeded its authority by attaching immigration-related conditions in 2017 and 2018 to the disbursement of funds from the Edward Byrne Memorial Justice Assistance Grant, which supports criminal justice programs at the state and local government level.

`Consistent with our prior precedent and the government decision not to appeal the district courts' judgments on this issue, we affirm the judgments of the district courts enjoining the DOJ from withholding Byrne JAG program grant funds,' U.S. Circuit Judge Sidney R. Thomas wrote on behalf of the panel.

The panel, however, was divided on whether to make a ruling on the powers that federal laws give the DOJ to impose immigration-related conditions on federal grants.

U.S. Circuit Judge Carlos T. Bea said in a dissent, which otherwise supported the majority decision, that the panel wouldn't ordinarily decide the separate question of whether federal law authorizes the DOJ to impose the challenged grant conditions after the agency waived its appeal to the district courts previous ruling."

KJ

https://lawprofessors.typepad.com/immigration/2022/08/ninth-circuit-finds-that-trump-administrations-immigration-enforcement-conditions-on-states-and-loca.html

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