Judge Ramos ruled that the DOJ’s “Notice, Access, and Compliance Conditions violate the Administrative Procedure Act (APA). The department’s implementation of the (5) § 1373 to states and localities is unconstitutional under the anti-commandeering doctrine of the Tenth Amendment.
The Trump administration also lost three other related litigations involving its new conditions on Byrne JAG funding. The district judges in Chicago, Philadelphia, and San Francisco ruled that the conditions targeting sanctuary jurisdictions are unconstitutional.
“A political attack at the expense of our public safety”
In a statement, Underwood said the court’s decision is a “major win for New Yorker’s public safety.” She added, “This decision requires the Trump administration to distribute these vital public safety funds — helping to ensure that our local law enforcement agencies are able to continue to determine how best to keep New Yorkers safe.”
Furthermore, Underwood emphasized, “As we argued, local law enforcement has the right to decide how to meet their local public safety needs – and the Trump administration simply does not have the right to require state and local police to act as federal immigration agents. The Trump administration’s attempt to withhold these vital funds was nothing more than a political attack at the expense of our public safety,” she added.”
