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BumRushDaShow

(129,104 posts)
Wed Jun 6, 2018, 03:10 PM Jun 2018

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 -



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 -

Judge rules for Philadelphia in 'Sanctuary City' case

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)
11 replies = new reply since forum marked as read
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Federal Judge Sides With City Over Sanctuary Cities Policy (Original Post) BumRushDaShow Jun 2018 OP
Mayor Kenney is having quite a week. underpants Jun 2018 #1
From my twitter feed Gothmog Jun 2018 #2
"This ruling makes me smile" BumRushDaShow Jun 2018 #3
Trump has lost a number of lawsuits on this issue Gothmog Jun 2018 #4
Anyone who works for the federal government BumRushDaShow Jun 2018 #6
Here is a link to the opinion Gothmog Jun 2018 #5
Thanks for that link! BumRushDaShow Jun 2018 #7
Phila is having quite the week! BigmanPigman Jun 2018 #8
Yeah for Hogan Lovell Gothmog Jun 2018 #9
This makes me smile Gothmog Jun 2018 #10
Good article! BumRushDaShow Jun 2018 #11

BumRushDaShow

(129,104 posts)
6. Anyone who works for the federal government
Wed Jun 6, 2018, 03:58 PM
Jun 2018

(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).

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