White House Notches Significant Court Victory On Sanctuary City Funding thumbnail

White House Notches Significant Court Victory On Sanctuary City Funding

The New Atlantis

A federal judge in Massachusetts denied a request for an injunction sought by two “sanctuary cities” in the state — Chelsea and Somerville — that sought to bar the Trump Administration from withholding federal funds due to their support for illegal aliens.

Somerville and Chelsea had requested a preliminary injunction in June, arguing that the targeting of cities and towns over their “sanctuary” policies — which openly defy federal immigration law by barring local authorities from working with immigration agents — is unconstitutional and at odds with advice from local law enforcement, according to a report from the Boston Herald.

The cities have also claimed that if the federal government withheld funds while their legal challenges were ongoing, there would be “irreparable harm” to municipal services.

U.S. District Judge Nathaniel Gorton indicated that he was not buying those arguments when he denied the request for an injunction on Friday. In his Judge Gorton noted that the Department of Homeland Security (DHS) “has not frozen any particular funding, denied any grant application or withheld any reimbursement from plaintiffs.”

“The Cities’ anticipation of ‘imminent’ loss of funding after publication of the designation list,” the judge stated, “has proven to be precisely the kind of ‘conjecture, surmise, or.. unsubstantiated fears of what the future might have in store,’ which cannot justify the issuance of a preliminary injunction.”

DHS identified Somerville and Chelsea back in May after President Donald Trump instructed the Justice Department to compile a list of all “sanctuary” municipalities in the United States. This was done in order to withhold federal funds from city’s that refuse to comply with federal immigration law.

Gorton pointed out that the two Massachusetts communities were not listed in the department’s updated “sanctuary” list this past August.  Chelsea has taken steps to identify as a “sanctuary” jurisdiction, while Somerville has described itself as a “welcoming city.”

According to court documents reviewed by the Boston Herald, Somerville has lost $4 million for a federal grant to address road safety improvements. City officials in Chelsea have complained that they could experience significant cuts to law enforcement should the city lose a federal grant backing officers’ salaries.

“It is speculative to assume that inclusion on an agency designation list is indicative of an ‘imminent’ funding freeze,” Gorton stated in a ruling he issued on Thursday.

“They aver that if they do not receive the expected federal funding,” he added, “they will have to cut necessary city staff and programs, but the timeline is obscure. … If funds are, in fact, withheld, the alleged harm can easily be remedied with a prompt injunction ordering the offending agency to ‘unfreeze’ the authorized funding.”

In a statement to the Boston Herald this past June, the Trump Administration described the lawsuit as “laughable.”

“It’s laughable that these sanctuary cities are pointing to ‘public safety considerations’ for justification of their decision to violate federal law and harbor criminal illegal aliens,” White House spokeswoman Abigail Jackson said. “If they were truly concerned about the safety and well-being of their residents, they would cooperate with law enforcement to get dangerous illegal criminals out of their communities.”

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