US: Money for police cannot be pegged to cooperation with ICE, judge rules - - PressFrom - US
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US Money for police cannot be pegged to cooperation with ICE, judge rules

02:30  13 april  2018
02:30  13 april  2018 Source:   latimes.com

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A judge ruled the DOJ cannot favor PDs that are willing to cooperate with immigration agents when it doles out tens of millions of dollars in funding each. U.S. District Judge Manuel Real issued a permanent, nationwide ban against a Justice Department policy that gave an edge to obliging police

Cooperating with immigration agents cannot be a condition for local police departments to receive federal funding, a judge in Los Angeles ruled this week.

Eric Garcetti in a suit standing in front of a curtain: Los Angeles City Attorney Mike Feuer, right, shown with Los Angeles Mayor Eric Garcetti, details a court ruling against the Trump administration regarding its efforts to withhold federal grants from jurisdictions over their immigration enforcement policies on Thursday, April 12, 2018 at City Hall in Los Angeles, Calif. © Gary Coronado/Los Angeles Times/TNS Los Angeles City Attorney Mike Feuer, right, shown with Los Angeles Mayor Eric Garcetti, details a court ruling against the Trump administration regarding its efforts to withhold federal grants from jurisdictions over their immigration enforcement policies on Thursday, April 12, 2018 at City Hall in Los Angeles, Calif.

LOS ANGELES - The U.S. Department of Justice cannot force local police departments to cooperate with immigration agents as a condition for receiving federal funding for a law enforcement program, a judge in Los Angeles ruled this week.

The permanent, nationwide ban against the funding rules delivered an unambiguous victory to Los Angeles City Attorney Mike Feuer in the legal battle he opened last year with U.S. Attorney General Jeff Sessions.

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The ruling this week does not allow city to retroactively seek money . In issuing his ruling , Judge Real sided with Feuer, saying the new funding rules Real found that tying funds to cooperation with ICE was an improper attempt to force local police to participate in immigration enforcement, which is the

LOS ANGELES - The U.S. Department of Justice cannot force local police departments to cooperate with immigration agents as a condition for receiving federal funding for a law enforcement program, a judge in Los Angeles ruled this week. The permanent, nationwide ban against the funding rules

Feuer filed a lawsuit in federal court in September, claiming Sessions had overreached his authority and crossed constitutional lines when the Justice Department changed the terms for the Community Oriented Policing Services program.

"This is a complete victory," Feuer said at a news event Thursday, flanked by Mayor Eric Garcetti and Los Angeles Police Chief Charlie Beck. "This is yet another dagger in the heart of the administration's efforts to use federal funds as a weapon to make local jurisdictions complicit in its civil immigration enforcement policies."

For years, police departments around the country have applied to the DOJ grant for money to bolster their community policing programs, which are focused on building stronger ties and trust with communities instead of traditional law-and-order enforcement.

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The U.S. Department of Justice cannot force local police departments to cooperate with immigration agents as a condition for receiving federal funding for a law enforcement program, a judge in Los Angeles ruled this week. The permanent, nationwide ban against the funding rules delivered an

Local police cannot stop, question, arrest, search or detain any individual based solely on actual or suspected immigration status. They can’t ask about Officers cannot allow ICE to interview an individual arrested on a criminal charge unless that person is advised of his or her right to a lawyer.

Los Angeles routinely applies for funds through the program and received $3.125 million in 2016, which helped hire 25 officers, according to Feuer's office.

But last year the rules for how funds would be awarded included a new caveat: Police departments that cooperated with immigration agents on identifying and apprehending jail inmates believed to be in the country illegally would be viewed more favorably.

Police departments seeking some of the $98 million pool of grant money were asked to demonstrate that they alert immigration agents before releasing jail inmates and give immigration agents jail access in order to conduct inmate interviews and review files. Los Angeles, which refused to abide by the new rules, was not awarded any money from the $98 million pool.

In issuing his ruling, U.S. District Judge Manuel Real agreed with Feuer that the new funding rules violated the separation of powers laid out in the nation's Constitution.

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LOS ANGELES — The Justice Department cannot require that local police departments help immigration agents in order to receive federal funding, a federal judge has ruled . The ruling is a significant victory for local governments that have opposed the Trump administration’s stance on

An appellate court in Brooklyn ruled that local police officers in New York state can't detain He was taken to a jail cell in Riverhead, rented by ICE . On Wednesday, a three- judge appellate court panel Associate Legal Director Chris Dunn said the ruling set a precedent because it applies to all local

Real found the funding conditions were an improper attempt to force local police to participate in immigration enforcement, which is the job of the federal government. The move, Real found, "upset the constitutional balance between state and federal power by requiring state and local law enforcement to partner with federal authorities."

They also crossed the authority given to Congress, not the executive branch, to control government spending, Real said.

As a result, Los Angeles and other cities that refused to adhere to the funding rules were put at a disadvantage and would be handicapped again in future years.

Eric Garcetti et al. in uniform standing in front of a curtain: Los Angeles Mayor Eric Garcetti, center, flanked by Los Angeles City Attorney Mike Feuer, left, and LAPD Chief Charlie Beck, during a press conference detailing a court ruling against the Trump administration regarding its efforts to withhold federal grants from jurisdictions over their immigration enforcement policies on Thursday, April 12, 2018 at City Hall in Los Angeles, Calif. © Gary Coronado/Los Angeles Times/TNS Los Angeles Mayor Eric Garcetti, center, flanked by Los Angeles City Attorney Mike Feuer, left, and LAPD Chief Charlie Beck, during a press conference detailing a court ruling against the Trump administration regarding its efforts to withhold federal grants from jurisdictions over their immigration enforcement policies on Thursday, April 12, 2018 at City Hall in Los Angeles, Calif.

The remedy, Real concluded, was to issue the permanent injunction against the Justice Department.

Visit the Los Angeles Times at www.latimes.com

Emanuel wins court ruling in sanctuary city lawsuit against Trump administration .
Mayor Rahm Emanuel called on President Donald Trump's Justice Department Thursday to hand over grant money to Chicago, after a panel of federal judges said the funds can't be withheld from so-called sanctuary cities. The 7th Circuit Court of Appeals in Chicago upheld a nationwide injunction prohibiting Attorney General Jeff Sessions from requiring cities give immigration agents access to undocumented immigrants in their lock-ups in order to get certain public safety grants.

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