Chicago mayor defends lawsuit against DOJ over sanctuary city status
The City of Chicago escalated its months-long battle with the
Trump administration over immigration enforcement Monday, asking a federal
court to block Attorney General Jeff Sessions from imposing several new
conditions over certain federal grant money.
The suit revolves around specific conditions Sessions
announced in July for a federal program, the Edward Byrne
Memorial Justice Assistance Grant, or Bryne JAG, which provides federal funding
to support local law enforcement efforts.
"(The executive branch) may not unilaterally concoct and
import into the Byrne JAG program sweeping new policy conditions that were
never approved (and indeed were considered and rejected) by Congress and that
would federalize local jails and police stations, mandate warrantless
detentions in order to investigate for federal civil infractions, sow fear in
local immigrant communities, and ultimately make the people of Chicago less
safe," attorneys for the city wrote in Monday's filing.
In July, Sessions announced that going forward DOJ will only
provide JAG grants to those that certify compliance with a federal statute that
requires localities to share immigration information about individuals with the
federal government, allow federal immigration access to local detention
facilities, and provide the Department of Homeland Security at least 48 hours
advance notice before local officials release an undocumented immigrant wanted
by federal authorities.
Chicago claims that it already complies with the main federal
law at issue, that the new conditions are unconstitutional, and would require
Chicago to violate state law.
Chicago Mayor Rahm Emanuel defended his city's lawsuit
Monday, telling CNN the DOJ's new stipulations against so-called sanctuary
cities "undermines our actual safety agenda."
"We want you to come to Chicago if you believe in the
American dream," Emanuel, a Democrat, told CNN's Poppy Harlow on
"Newsroom." "By forcing us, or the police department, to choose
between the values of the city and the philosophy of the police department, in
community policing, I think it's a false choice and it undermines our actual
safety agenda."
He continued: "So we're going to be filing a case saying
that the Justice Department is wrong on constitutional legal grounds that is we
will always be a welcoming city ... but it also is true that our police
department is part of a neighborhood, part of a community, built on the premise
of trust."
Emanuel's office said in a statement over the weekend that
the Trump administration's "latest unlawful misguided action undermines
public safety and violates" the Constitution. He said the city is
challenging the administration "to ensure that their misguided policies do
not threaten the safety of our residents."
He added in the statement: "The federal government
should be working with cities to provide necessary resources to improve public
safety, not concocting new schemes to reduce our crime fighting resources."
Ian Prior, a Justice Department spokesman, said in a
statement Monday that "it's especially tragic that the mayor is less
concerned with that staggering figure than he is spending time and taxpayer
money protecting criminal aliens and putting Chicago's law enforcement at
greater risk."
In response to the DOJ's statement, Emanuel told CNN that the
number of shootings are down in the Englewood neighborhood because the police
has worked with the community.
"We want residents to see the police department as
partners to make their city safe," he said.
Last year Chicago received $2.3 million in JAG funds. Over
the years, the city has purchased SWAT equipment, police vehicles, radios and
Tasers with the money.
Applications for the grants in fiscal year 2017 are due
September 5, which the city claims places it in an "untenable
position" by essentially making it "accept the Department's new
unconstitutional grant conditions, which would wipe away policies that have
built trust and cooperation between law enforcement and immigrant communities
over the decades; or stand on its rights and forfeit crucial funds that it and
the eleven other jurisdictions on whose behalf it submits Byrne JAG
applications have counted on for more than a decade to provide critical (and,
at times, lifesaving) equipment to Chicago Police officers and critical
services to Chicago residents," attorneys said in Monday's filing.
Emanuel, who also worked as former President Barack Obama's
chief of staff, also was asked by CNN about John Kelly's new role as White
House chief of staff to President Donald Trump.
"Look, he has one of the toughest jobs in the world ...
he's brought order, there's no doubt. He's a person with great order. He's
brought discipline, no doubt, to that effort," Emanuel said.
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