LA Sues Justice Department Over Sanctuary City Policy

LOS ANGELES, CA — Los Angeles is suing the U.S. Department of Justice to block efforts to withhold crime-fighting grant funds from cities that fail to fully cooperate with federal immigration authorities.

City Attorney Mike Feuer announced a lawsuit Tuesday, calling the federal policy unconstitutional. The lawsuit puts Los Angeles with San Francisco on the front lines of the showdown between the Trump administration and so-called sanctuary cities opening resisting his deportation agenda.

"We're suing to block the Trump Administration from unconstitutionally imposing its will on our city," Feuer said. "The administration would put L.A. to the untenable choice of risking a key public safety grant for making LAPD an arm of federal civil immigration policy.

The Justice Department recently issued new requirements for the Edward Byrne Memorial Justice Assistance Grant Program, including that jurisdictions would not be eligible unless they provide 48 hours notice before they "release an illegal alien wanted by federal authorities."

Feuer said he objected to the guidelines for several legal reasons, including that the Justice Department does not have the authority to impose rules on the grant because it was created by Congress. The city attorney also said the guidelines were impractical because by law the city's police department cannot hold someone past 48 hours unless an arrest falls over a weekend, making the guidelines unconstitutional.

The administration's action is as ironic as it is unlawful, since the funds at stake support a model L.A. program targeting violent gang-related crime," he said.

President Donald Trump and Attorney General Jeff Sessions frequently lash out at sanctuary cities, blaming them for the fact that far fewer immigrants are being deported than under the President Obama in his last year in office. Trump and Sessions accuse cities such as LA of harboring criminals who are living in the country illegally. Sessions said in March that jurisdictions seeking DOJ grants would have to demonstrate they are not sanctuary cities.

"The American people know that when cities and states refuse to help enforce immigration laws, our nation is less safe," Sessions said.

Since 1979, the Los Angeles Police Department has adhered to Special Order 40, which prohibits officers from initiating any police activity for the sole purpose of identifying someone's immigration status. It also prevents city employees from assisting any federal agency when the primary purpose is federal civil immigration enforcement. City officials said the policy is critical to build trust and encourage cooperation between residents and law enforcement. LAPD Chief Charlie Beck has said the policy keeps the city safer and enables police to focus on preventing and fighting crime.

The city of Los Angeles received $1.55 million from the Edward Byrne Justice Assistance Grant Program during the federal government's 2017 fiscal year, according to Feuer. The city has received more than $1 million annually since 1997 from the grant.

Applications for the grant are due by Sept. 5, and Feuer said repeated attempts by his office to get clarification from the Justice Department have not been sufficiently answered.

Feuer said the lawsuit, filed in federal court in San Francisco, says federal efforts to restrict cities' access to Byrne Memorial Justice Assistance Grants are unconstitutional. Since 1997, Los Angeles has received more than $1 million in JAG funding, including $1.8 million in the 2016 fiscal year.

Attorney General Jeff Sessions defended the new policies as necessary to help fight illegal immigration when he announced them last month.

"So-called `sanctuary' policies make all of us less safe because they intentionally undermine our laws and protect illegal aliens who have committed crimes," Sessions said when he announced the new guidelines in July. "These policies also encourage illegal immigration and even human trafficking by perpetuating the lie that in certain cities, illegal aliens can live outside the law."

City Council President Herb Wesson said he supported Feuer's lawsuit.

"We have a responsibility to the families of Los Angeles to always fight for their safety and protection," Wesson said. "Our city is a beacon of light for the rest of the country because we do not compromise our values, regardless of what the federal government demands."

City News Service contributed to this report. Photo: Neon Tommy via flickr.com