Yesterday Tabet DiVito & Rothstein attorneys Caesar A. Tabet, Brian C. Haussmann and John M. Fitzgerald filed an amicus brief as local counsel on behalf of Santa Clara County, California (the “County”) and 42 other local governments and organizations nationwide in City of Chicago v. Sessions, Northern District of Illinois Case No. 15-cv-5720 (Leinenweber, J.). The County’s brief supports the City of Chicago’s motion to preliminarily enjoin the United States Department of Justice (DOJ) from unconstitutionally controlling local law enforcement policy by requiring Chicago and other municipalities to enforce immigration law as a condition of receiving federal law enforcement formula grants to which they otherwise would be entitled. DOJ aims to disqualify state and local governments from receiving these critical funds unless they agree to assist the federal government in enforcing immigration law. The County’s brief argues that these unconstitutional and unlawful conditions undermine the ability of local law enforcement agencies to carry out their own considered judgments about how best to keep their communities safe.
Update: September 18, 2017
During hearings on September 15, 2017, Judge Leinenweber refered favorably to the amicus filings in discussing whether the City would be irreparably harmed absent an injunction. Judge Leinenweber granted a nationwide injunction against two of the three challenged conditions, ruling that DOJ lacked authority to impose them and that the City would be irreparably harmed absent an injunction.