Federal Judge Sides With City Over Sanctuary Cities Policy
Source: NBC Philadelphia/NBC 10
In a decision that made Mayor Jim Kenney break out into song and dance, a federal judge ruled that the Trump administration cannot cut off grants to Philadelphia over how the city deals with undocumented immigrants.
U.S. District Judge Michael Baylson issued a 93-page memo, saying the conditions placed on the city by the federal government in order to receive the funding are unconstitutional, "arbitrary and capricious." He also wrote that Philadelphia's policies are reasonable and appropriate.
Baylson's decision prompted Kenney, who has fought with the White House over several issues since Trump took office, to do a little victory dance in front of staffers. The video was tweeted Wednesday by his deputy chief of staff.
In his opinion, Baylson cited public remarks made by Sessions and President Donald Trump accusing immigrants of committing more crimes than native-born citizens. Those statements "are inaccurate as applied to Philadelphia, and do not justify the imposition of these three conditions" in order to receive the grant money, the judge wrote in his opinion.
Read more: https://www.nbcphiladelphia.com/news/local/Philadelphia-Judge-Sides-With-City-Over-Sanctuary-Cities-Policy-484706271.html
Video of his "Sanctuary City song" in the tweet -
Link to tweet
TEXT
Steve Preston @StevePrest
Needless to say, I think @janeslusser and @PhillyMayor are pretty excited about today's ruling affirming Philadelphia as a Sanctuary City.
12:57 PM - Jun 6, 2018
Happy dancin'!!! My mayor has lost his damn mind.
Philly Inquirer article -
Updated: June 6, 2018 -- 12:31 PM EDT
A federal judge has ruled for Philadelphia in its highly contentious "sanctuary city" case against the Trump administration, saying the city's refusal to help enforce immigration laws is based on policies that are reasonable, rational and equitable.
U.S. District Judge Michael Baylson issued his decision Wednesday afternoon, following a four-day trial this spring and nearly a year of litigation, ruling that the Trump administration's attempt to withhold about $1.5 million in federal law-enforcement grant money "violates statutory and constitutional law."
The money comes under what is called an Edward Byrne Memorial Justice Assistance Grant. "The city is entitled to prompt payment of the JAG funds," the judge said.
Mayor Kenney's office had no immediate comment, as its attorneys were still reviewing the ruling Wednesday afternoon.
http://www.philly.com/philly/news/sanctuary-city-judge-rules-for-philadelphia-trump-undocumented-immigrants-20180606.html
DOJ must pay the city the $1.5 million owned now.
Edit to add - Link to ruling: https://www.dropbox.com/s/t5ah8g5poxu5782/Philly%20v%20Sessions%20-%20opinion%20%286-6-18%29.pdf?dl=0
( to Gothmog for link to ruling)
underpants
(183,043 posts)Gothmog
(145,965 posts)BumRushDaShow
(130,043 posts)Made my Mayor and his Chief of Staff do a happy dance!
Gothmog
(145,965 posts)BumRushDaShow
(130,043 posts)(such as myself before retiring) knows that Congress designates how monies are to be spent and the Executive Branch cannot reprogram it (or withhold it) unless it receives Congressional approval and/or a change in the appropriations language that permits the discretion (which would require new legislation that would have to go through the regular appropriations process).
Gothmog
(145,965 posts)BumRushDaShow
(130,043 posts)BigmanPigman
(51,672 posts)I say Phila-2, tRump-0
Don't fuck with Philly!