Sessions appeals sanctuary cities injunction, asks judge to limit it

U.S. Attorney General Jeff Sessions is appealing this month’s order by a federal judge in Chicago blocking the Trump Administration’s efforts to keep grant money from sanctuary cities — an order Sessions hopes to limit while his appeal moves forward.

U.S. District Judge Harry Leinenweber ruled more than a week ago that the Justice Department couldn’t withhold law-enforcement grant money from cities that refuse to follow tough new immigration requirements — like giving the feds access to municipal jails.

His order applied across the country, but Sessions now calls its reach “improper.”

In a 12-page memorandum filed in federal court Tuesday, Sessions’ lawyers complain that nearly 1,000 applications for the 2017 Edward Byrne Memorial Justice Assistance Grants have been submitted, and the DOJ had planned to issue awards by Sept. 30.

Now, it says it faces the choice of issuing the grants without the new conditions, making them “unenforceable for the grant cycle — even if (Sessions) ultimately prevails on the lawfulness of those conditions” — or “delaying the flow of funding to law enforcement around the nation.”

Sessions’ lawyers argue that their proposal would still give Chicago the benefit of the court’s preliminary injunction.

“In this scenario … applicants who do not contest the conditions would be free to accept the award and receive funds immediately,” Sessions’ lawyers wrote. “Those applicants who do contest the conditions would be free either to await resolution in this case or seek relief themselves.”

Mayor Rahm Emanuel, in a statement Tuesday said, “We will fight the Trump Justice Department’s unlawful attack on Chicago’s values any time, any place, because we are on the right side morally and the right side legally.”

“We will not accept a false choice between our public safety and values as a welcoming city, nor will

we be blackmailed into giving up on the values that have made us a beacon of hope for

immigrants and refugees from around the world.”

Chicago sued Sessions in August over the new conditions tied to the Byrne grant. One would require the city to give the feds, when requested, a 48-hour heads up of the scheduled release date and time “of an alien in the jurisdiction’s custody.” Another requires federal access to “any correctional or detention facility in order to meet with an alien … and inquire as to his or her right to be or remain in the United States.”

The city applied for the grant before Leinenweber handed down his injunction but maintained its opposition to the new conditions.