Trump Can Withhold Millions From 'Sanctuary' States, Court Rules

The decision by the 2nd U.S. Circuit Court of Appeals in New York conflicted with three other appeals courts, which had previously ordered the administration to release grant money to some jurisdictions.

“This decision is a total break on what has been a unanimous decision from courts and judges across the country that this is illegal,” said Cody Wofsy, a staff attorney for the American Civil Liberties Union Immigrants’ Rights Project, which filed a brief in the case.

A handful of states — New York, Connecticut, New Jersey, Washington, Massachusetts, Virginia and Rhode Island — sued the U.S. government after the Department of Justice announced in 2017 that it would withhold grant money from localities that denied federal immigration authorities access to jails, among other conditions.

The U.S. attorney general at the time, Jeff Sessions, said that such “sanctuary” policies undermined public safety.

Federal appeals courts in Chicago, Philadelphia and San Francisco had previously ruled against the federal government in separate cases about the issue.

But the 2nd Circuit said its reading of the law showed that the federal government has the authority to impose conditions on states and localities receiving federal grant money. The appellate judges noted that the U.S. Supreme Court has observed that the federal government has power over states where immigration policy is concerned.

“Today’s decision rightfully recognizes the lawful authority of the attorney general to ensure that Department of Justice grant recipients are not at the same time thwarting federal law enforcement priorities,” said Alexei Woltornist, a spokesman for the Justice Department.

It was unclear if the states planned to appeal. The Supreme Court often hears cases to resolve conflicts among federal appeals courts.

The federal money in question is the Edward Byrne Memorial Justice Assistance Grant Program. Created in 2006 and named after a young New York police officer fatally shot while guarding the home of a cooperating witness, the grant is used by Congress to dispense more than $250 million every year to state and local authorities for criminal justice efforts. New York City receives about $4 million a year in JAG funding.

This article originally appeared in The New York Times .