(National Sentinel) Immigration Reform: Passing laws in American mean nothing anymore when federal judges and Left-wing interest groups can simply overrule them by fiat.
That’s what happened again over the weekend, when a lone federal judge in Chicago — 80-year-old U.S. District Judge Harry D. Leinenweber — ruled that the federal government must continue paying out grant money to cities, counties, and other jurisdictions even though they are violating the immigration-related terms of the grants through passage of “sanctuary city” polices.
Earlier this year, Attorney General Jeff Sessions announced the Justice Department would begin withholding funds through the Byrne Justice Assistance Grant, which doles out nearly $400 million to state and local agencies each year. He imposed three conditions on jurisdictions seeking the funds; Leinenweber’s ruling blocks two of the three, including the requirement that jurisdictions receiving grant money (which is taxpayer money, just to be clear) must cooperate with federal immigration authorities.
But as reported by the Washington Times, Leinenweber, in response to a lawsuit by the city of Chicago, said in his ruling: “The harm to the city’s relationship with the immigrant community if it should accede to the conditions is irreparable. Once such trust is lost, it cannot be repaired through an award of money damages.”
The Times further noted “that Mr. Sessions exceeded his authority by adding conditions to the Byrne grants that require cities to allow federal agents into their prisons and jails and require cities give immigration agents at least 48 hours notice that they intend to release illegal immigrants from custody.”
Frankly, that’s outrageous. The grants are doled out based on provisions and requirements that stem from federal law, not some presidential or attorney general whim. Those laws were constitutionally enacted and signed by duly-elected presidents. In short, they should be beyond rapproach, especially by a single federal judge. In this case, the judge ruled that the attorney general does not have complete statutory authority to formulate grant policy based on law.
Leinenweber’s ruling wasn’t a total loss for DoJ, however, as the Times noted:
The judge ruled that the attorney general does have the authority to impose a third grant condition, which requires that jurisdictions comply with section 1373 of Title 8 of the U.S. Code. That law prohibits state and local governments from restricting communications with federal immigration authorities “regarding the citizenship or immigration status, lawful or unlawful, of any individual.”
He wrote in his 41-page ruling the argument “boils down to whether state and local governments can restrict their officials from voluntarily cooperating with a federal scheme.” He noted that Chicago failed to show a likelihood of success in that argument.
“The most natural reading of the statute authorizes the Attorney General to require a certification of compliance with all other applicable federal laws, which by the plainest definition includes Section 1373,” he added.
Equally outrageous: The ruling comes as yet another American was killed by another illegal alien in another sanctuary city — San Francisco.
The federal judiciary fails in its constitutional construct every time it refuses to protect American citizens by allowing lawbreaking local officials to get away with imposing policies that kill.
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