DOJ Grant Conditions Targeting Sanctuary Jurisdictions: Litigation Update (CRS Report for Congress)
| Release Date |
May 4, 2018 |
| Report Number |
LSB10126 |
| Report Type |
Legal Sidebar |
| Authors |
Sarah Herman Peck |
| Source Agency |
Congressional Research Service |
Summary:
On April 19, 2018, the U.S. Court of Appeals for the Seventh Circuit (Seventh Circuit) upheld a
nationwide preliminary injunction blocking the Department of Justice (DOJ) from implementing two new
conditions that the agency imposed on the receipt of federal funds from the Edward Byrne Memorial
Justice Assistance Grant (Byrne JAG) Program. This litigation is one of several lawsuits stemming from
Section 9 of President Trump’s January 30, 2017 Executive Order targeting “sanctuary jurisdictions” and
executive implementation of that order. One group of lawsuits has sought to enjoin the executive order’s
enforcement. Another group of lawsuits, including one filed by the City of Chicago, Illinois, were brought
after the DOJ announced new conditions for certain federal grant programs that made the receipt of funds
contingent on grant recipients’ compliance with particular federal immigration policies. The focus of this
Sidebar discusses the Chicago litigation, including potential legislative responses to the injunction. More
in-depth information on the nature of sanctuary jurisdictions, the executive order, its implementation, and
the related litigation can be found in a general distribution memorandum, Sanctuary Jurisdictions and
Related Litigation, which is available from the author.
