Skip to Content Facebook Feature Image

Appeals court gives Trump a win in sanctuary city case

News

Appeals court gives Trump a win in sanctuary city case
News

News

Appeals court gives Trump a win in sanctuary city case

2019-07-13 08:08 Last Updated At:08:10

A federal appeals court gave President Donald Trump a rare legal win in his efforts to crack down on "sanctuary cities" Friday, upholding the Justice Department's decision to give preferential treatment in awarding community policing grants to cities that cooperate with immigration authorities.

The 2-1 opinion overturned a nationwide injunction issued by a federal judge in Los Angeles. The court said awarding extra points in the application process to cities that cooperate was consistent with the goals of the grant program created by Congress.

"The Department is pleased that the Court recognized the lawful authority of the Administration to provide favorable treatment when awarding discretionary law-enforcement grants to jurisdictions that assist in enforcing federal immigration laws," the Justice Department said in an emailed statement.

Federal courts have blocked some efforts by the administration to withhold money from sanctuary cities, including an executive order issued by the president in 2017 that would have barred them from receiving federal grants "except as deemed necessary for law enforcement purposes." Courts also barred the Justice Department from imposing new immigration enforcement-related conditions on Byrne Memorial Justice Assistance Grants, the biggest source of federal funding to state and local jurisdictions.

The 9th Circuit's ruling Friday concerned a different grant program, Community Oriented Policing Services, or COPS, grants, which are used to hire more police officers. Previously, the Justice Department has given extra points to cities that agree to hire veterans, or that operate early intervention systems to identify officers with personal issues, or that have suffered school shootings.

In 2017, under then-Attorney General Jeff Sessions, the Justice Department for the first time decided extra points would go to cities that listed immigration enforcement as a priority or that certified they would cooperate with federal immigration authorities by allowing them access to detainees in city jails and giving 48 hours' notice before an undocumented immigrant was released from custody.

Los Angeles applied for a grant that year, but declined to list immigration enforcement as a priority — it listed building community trust instead — or to make the certification. It failed to win, and it sued.

The Justice Department had introduced conditions that impermissibly coerced the grant applicants to enforce federal immigration law, the city said. It also said the immigration-related conditions were contrary to the goals for which Congress had approved the grant money: to get more police on the beat, developing trust with the public.

The judges in the majority, Sandra Ikuta and Jay Bybee, both appointed by Republican President George W. Bush, rejected that.

"Cooperation relating to enforcement of federal immigration law is in pursuit of the general welfare, and meets the low bar of being germane to the federal interest in providing the funding to 'address crime and disorder problems, and otherwise ... enhance public safety,'" Ikuta wrote.

Several other jurisdictions did win funding without agreeing to the DOJ's immigration enforcement preferences, she noted.

Judge Kim Wardlaw, appointed by Democratic President Bill Clinton, dissented, calling the majority's opinion "Orwellian" in the way it tried to equate federal immigration enforcement with enhanced community policing.

"Nothing in the congressional record nor the Act itself remotely mentions immigration or immigration enforcement as a goal," she wrote. "In the quarter-century of the Act's existence, Congress has not once denoted civil immigration enforcement as a proper purpose for COPS grants."

The Los Angeles city attorney's office did not immediately respond to an email seeking comment.

Supporters of sanctuary cities say that encouraging local police to participate in federal immigration enforcement is counterproductive: People will be less likely to report crimes if they believe they'll be deported for doing so. But the 9th Circuit's opinion found that to be a question of policy, not law, said David Levine, a professor at University of California Hastings College of the Law.

"What the Justice Department was doing before, they were trying to force sanctuary cities to do things, and yank money from them retroactively if they didn't," Levine said. "They've gotten a little more sophisticated now. They're saying, 'You don't have to take this money, but if you want it, it comes with strings attached.' That's a well understood way the federal government gets states to do things. You don't use a stick, you use a carrot."

CARACAS, Venezuela (AP) — Venezuela’s parliament on Tuesday approved a measure that criminalizes a broad range of activities that can hinder navigation and commerce in the South American country, such as the seizure of oil tankers.

The bill — introduced, debated and approved within two days in the National Assembly — follows this month's seizures by U.S. forces of two tankers carrying Venezuelan oil in international waters. The seizures are the latest strategy in U.S. President Donald Trump's four-month pressure campaign on Venezuela's leader Nicolás Maduro.

The tankers are part of what the Trump administration has said is a fleet Venezuela uses to evade U.S. economic sanctions.

The unicameral assembly, which is controlled by Venezuela's ruling party, did not publish drafts on Tuesday nor the final version of the measure. But as read on the floor, the bill calls for fines and prison sentences of up to 20 years for anyone who promotes, requests, supports, finances or participates in “acts of piracy, blockades or other international illegal acts” against commercial entities operating with the South American country.

Venezuela's political opposition, including Nobel Peace laureate María Corina Machado, has expressed support for Trump's Venezuela policy, including the seizure of tankers. Machado and Trump have both repeatedly said that Maduro's days in power are numbered.

The bill, which now awaits Maduro’s signature, also instructs the executive branch to come up with “incentives and mechanisms for economic, commercial and other protections” for national or foreign entities doing business with Venezuela in the event of piracy activities, a maritime blockade or other unlawful acts.

The U.S. Coast Guard on Saturday seized a Panama-flagged vessel called Centuries that officials said was part of the fleet moving sanctioned cargo. With assistance from the U.S. Navy, it seized a rogue tanker called Skipper on Dec. 10. That ship was registered in Panama.

Trump, after that first seizure, said the U.S. would carry out a “blockade” of Venezuela. He later demanded that Venezuela return assets that it seized from U.S. oil companies years ago, justifying anew his announcement of the blockade against sanctioned oil tankers traveling to or from the South American country.

At an emergency meeting of the U.N. Security Council called by Venezuela, U.S. Ambassador Mike Waltz on Tuesday stressed that sanctioned oil tankers “operate as the primary economic lifeline for Maduro and his illegitimate regime.”

“Maduro’s ability to sell Venezuela’s oil enables his fraudulent claim to power and his narco-terrorist activities,” Waltz said. “The United States will impose and enforce sanctions to the maximum extent to deprive Maduro of the resources he uses to fund Cartel de los Soles.”

Maduro was indicted in 2020 on narcoterrorism charges in the U.S. and accused of leading the Cartel de los Soles, which the Trump administration designated as a foreign terrorist organization last month. But the entity is not a cartel per se.

Venezuelans began using the term Cartel de los Soles in the 1990s to refer to high-ranking military officers who had grown rich from drug-running. As corruption expanded nationwide, its use loosely expanded to police and government officials as well as activities like illegal mining and fuel trafficking.

At Tuesday's meeting, Venezuela’s U.N. Ambassador Samuel Moncada accused the U.S. of acting “outside international law” and its own domestic laws, by demanding that Venezuelans vacate the country and hand it over to the Trump administration, including all its oil fields.

“What right does the United States government have to appropriate, to date, almost 4 million barrels of Venezuelan oil?” Moncada asked, referring to the cargo of the two seized tankers. “This alleged naval blockade is essentially a military act aimed at laying siege to the Venezuelan nation, degrading its economic and military apparatus, weakening its social and political cohesion, and causing internal chaos to facilitate aggression by external forces.”

Many countries expressed concern about violations of international maritime law and adhering to the United Nations Charter, which requires all 193 member nations to respect the sovereignty and territorial integrity of every other country. The United States’ actions were supported by a few countries, including Panama and Argentina.

Associated Press writer Edith Lederer in New York contributed to this report.

Lawmaker Giuseppe Alessandrello gives a speech during an extraordinary session at the National Assembly in Caracas, Venezuela, Monday, Dec. 22, 2025. (AP Photo/Matias Delacroix)

Lawmaker Giuseppe Alessandrello gives a speech during an extraordinary session at the National Assembly in Caracas, Venezuela, Monday, Dec. 22, 2025. (AP Photo/Matias Delacroix)

Evana, an oil tanker, is docked at El Palito port in Puerto Cabello, Venezuela, Sunday, Dec. 21, 2025. (AP Photo/Matias Delacroix)

Evana, an oil tanker, is docked at El Palito port in Puerto Cabello, Venezuela, Sunday, Dec. 21, 2025. (AP Photo/Matias Delacroix)

Recommended Articles