City of Chicago v. Sessions

Dist. Ct. did not err in granting plaintiff-City’s motion for issuance of preliminary injunction in action that challenged defendant’s conditioning of plaintiff’s receipt of Byrne JAG grant funds, that allocated money for state and local law enforcement expenses, by requiring that plaintiff give federal authorities notice of individuals in state or local custody who were believed to be aliens and provide federal authorities access to said individuals prior to their release from custody. Defendant could not, under separation of powers doctrine, use sword of federal funding to conscript state and local authorities to assist federal authorities in civil immigration enforcement, especially where Congress, which authorized federal funds at issue, did not impose any immigration enforcement conditions on receipt of said funds. Ct. rejected defendant’s claim that 34 USC section 10102(a)(6) authorized him to impose instant conditions on grant recipients. Dist. Ct. could also impose instant preliminary injunction on nationwide basis. (Partial dissent filed.)