City of Chicago v. Barr

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
Nos. 18-2885 & 19-3290 cons.
Decision Date: 
April 30, 2020
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed and remanded

Dist. Ct. did not err in entering permanent injunction precluding enforcement of U.S. Attorney General's conditions for plaintiff's receipt of federal Byrne JAG grant monies earmarked for local law enforcement to help fight crime, where said conditions required local authorities' cooperation with federal authorities seeking federal immigration enforcement in terms of: (1) providing federal agents with advance notice of alien's scheduled release date and time from custody; (2) providing federal agents with access to aliens in custody; (3) certifying that local authorities did not prohibit their agents from communicating said information to I.N.S. or that local authorities did not have in effect any law/rule that would impede exercise by federal officers of authority under 8 USC sections 1357(a), 1226(a) or (c), 1231(a), 1366(1) or (3). States do not forfeit all autonomy over their own police power merely by accepting federal grants, and while federal executive has significant powers over immigration matters, "power of purse" is not one of said powers to force compliance with federal laws. Ct.  remanded matter for determination if any other injunctive relief was appropriate in view of court's determination that section 10153 cannot be used to incorporate laws unrelated to grants or grantees. (Partial dissent filed.)