Philadelphia, Pennsylvania, has joined the fight against the Trump Administration’s efforts to cut off Federal Public Safety Funding for so-called Sanctuary Cities, filing a Federal Suit Wednesday that Claims the New Rules established by Attorney General Jeff Sessions overstep his Authority.
The City called the recent Policy Change to weigh down a Federal Grant with Immigration Compliance requirements “contrary to law, unconstitutional, and arbitrary and capricious”
Philadelphia is taking issue with Sessions’ July announcement that Jurisdictions refusing to Change their Policies on Immigration to Align with Federal Requirements wouldn't receive Funding from the Edward Byrne Memorial Justice Assistance Grant Program (JAG).
“The Attorney General’s action was an unlawful, ultra vires attempt to force Philadelphia to abandon its policies and accede to the Administration’s political agenda,” the City said in the Lawsuit. “It is one thing for the Department of Justice to disagree with Philadelphia as a matter of policy; it is quite another thing for the Department to violate both a congressionally-defined program and the Constitution in seeking to compel Philadelphia to forfeit its autonomy.”
The City received $1.6 Million from the JAG program last year, and has received an Average Award of $2.2 Million over the past 11 years, Money that it uses on Priorities like Police Overtime and Equipment Enhancements, Courtroom Technology Upgrades, Law Enforcement Training, and alternative Rehab Programs for Low-Level Offenders.
In its Lawsuit, Philadelphia acknowledges that the Attorney General Administers the Grant, but says that the Program was Authorized by Congress, and the Conditions imposed by Sessions are outside the Federal Statute that established it.
The Contested Conditions would require that Philadelphia Certify its Compliance with a Federal Law barring States and Localities from adopting Policies Restricting Immigration-related Communications between State and Local Officials and the Federal Government, provide U.S. Immigration and Customs Enforcement with 48-hours-Notice of the “scheduled release” of prisoners of interest, and allow ICE to the City’s Prisons to interview Inmates.
The City says it has already met the First Condition, pointing to a Letter submitted to the U.S. Department of Justice in June. “The Justice Department’s immigration-related conditions have nothing to do with strengthening the city’s criminal justice system, which is what the Byrne JAG program is all about,” City Solicitor Sozi Pedro Tulante said in a statement. “Fundamentally, the Attorney General cannot use this vital law-enforcement funding as a way to coerce Philadelphia into implementing federal immigration policy and, in turn, heighten fear and anxiety among our immigrant residents.”
The City’s Complaint notes that immigration has been a boon for Philadelphia, calling New Residents of Foreign backgrounds an integral part of the City’s Workforce, Small Business sector, School and College Population, and Civic Associations. It said that current Policies dealing with Immigration had been successful and should not be changed.
“In Philadelphia’s experience—with property crimes currently at their lowest since 1971, robberies at their lowest since 1969, and violent crime the lowest since 1979— these policies have promoted the city’s safety by facilitating greater cooperation with the immigrant community writ large,” the complaint says.
The City is seeking a Declaration that all Three Conditions are Unlawful along with an Injunction preventing the DOJ from Implementing them. It also wants a Finding that, in the event the Certification Requirement is deemed Lawful, its Certification is in Compliance.
The DOJ had a different take on the relationship between Philadelphia's Sanctuary City Policy and its well being.
“When criminal aliens are returned to the streets instead of sent home, public safety is undermined," Spokesman Devin O'Malley said. "Murder rates are on the rise in Philadelphia, but today the city joined other jurisdictions in doing a disservice to their citizens by protecting criminal aliens rather than law-abiding citizens.”
The Application Deadline for the City to Receive the Funds is Sept. 5th.
The Case will be heard by U.S. District Senior Judge Michael M. Baylson, who was Appointed to the Court by President George W. Bush.
Philadelphia joins Chicago, Los Angeles, San Francisco, and the State of California in contesting the Trump Administration Policy in Court.
The City is Represented by Virginia Gibson, Sara Aronchick Solow, Jasmeet Ahuja, and Alexander Bowerman of Hogan Lovells US LLP, and Robert Heim, Judy Leone, and Friedrich-Wilhelm Sachse of Dechert LLP.
The Case is The City of Philadelphia v. Sessions, Case number 2:17-cv-03894 in the U.S. District Court for the Eastern District of Pennsylvania.
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