PHILADELPHIA – Mayor Kenney and other City officials today praised the decision by the U.S. Court of Appeals for the Third Circuit, upholding last year’s U.S. District Court ruling in favor of Philadelphia in the City’s lawsuit against the Department of Justice.
At issue in the case were three immigration-related conditions imposed by the DOJ for federal criminal justice program grants. Judge Michael M. Baylson last June ruled completely in the City’s favor, stating that the three conditions imposed on Philadelphia to receive Edward Byrne Memorial Justice Assistance Grant (JAG) funding are unconstitutional. A panel of judges on the U.S. Third Circuit has now agreed, ruling that the Attorney General did not have statutory power to impose those conditions: “We hold that Congress has not empowered the Attorney General to enact the Challenged Conditions.”
Mayor Jim Kenney:
“Philadelphia is proud to be a city that welcomes all of those who seek safe haven, and this ruling affirms our right to do so. The conditions imposed by the DOJ were an unconscionable attempt to bully the City and its residents into changing our policies. Our residents — particularly our immigrant communities — can take comfort now that two federal courts have soundly rejected these strong arm tactics. On the very day the President declared a bogus national emergency to build a useless wall, I say to our immigrant community: we are glad you call Philadelphia home, and we will continue to fight for you. Protecting our city’s Welcoming policies is not only the best thing to do for our immigrants — it is the right thing to do for our great City.”
City Solicitor Marcel Pratt:
“We are grateful for the Third Circuit’s extremely thoughtful analysis in a case of such high importance to our City. The Court’s opinion details at length how the Trump Administration broke the law by attempting to impose unlawful immigration-related conditions on the critical Byrne JAG funds that we use to make our City safer. No one, not even the President or the Attorney General, can disregard the rule of law for the sake imposing a political agenda. The City will continue following its Welcoming City policies.”
Miriam Enriquez, Director of the Office of Immigrant Affairs:
“The Third Circuit’s decision marks a significant moment for all Philadelphians, including our immigrant communities. The hate-filled rhetoric about immigrants that has become a drumbeat from the Trump Administration sows fear and uncertainty in our communities and further divides our country. This decision reaffirms to our immigrant communities that we will always fight to ensure that Philadelphia welcomes all, regardless of where you came from or when you got here.”
In August of 2017, the City of Philadelphia filed suit against then-Attorney General Jeff Sessions, asserting that the three immigration-related conditions added to the Edward Byrne Memorial Justice Assistance Grant (JAG) Program were unlawful. These new conditions required that the City (1) certify compliance with Section 1373 of Title 8 of the U.S. Code; (2) provide ICE with 48-hours-notice of the “scheduled release” of prisoners of interest; and (3) allow ICE unfettered access to interview inmates in Philadelphia’s prison system. The funding from JAG Grants goes towards public safety priorities like police overtime and equipment enhancements, upgrades to courtroom technology, training for law enforcement, supplies of naloxone, and alternative programming for low level offenders.
The City has been represented by City Solicitor Marcel Pratt; Senior Attorney Lewis Rosman; and multiple attorneys from the law firm of Hogan Lovells. Hogan Lovells attorneys Neal Katyal, Virginia Gibson, Jasmeet Ahuja, and Alex Bowerman put in hundreds of hours of incredible work on the City’s behalf. The lawsuit was initiated under then-City Solicitor Sozi Pedro Tulante.