Firm Files Amicus Brief on Behalf of Law Professors in Second Circuit Immigration Case

May 28, 2020

On Monday, May 11, the Firm filed an amicus brief in the U.S. Court of Appeals for the Second Circuit on behalf of scholars of administrative, constitutional, and immigration law who have a professional interest in the proper construction of limits on executive power. The brief urged the Second Circuit to review its February 2020 ruling allowing the Trump administration to tie immigration enforcement conditions to federal grant money.

The brief argues that the decision risks upending federalism and the separation of powers. "If the executive can impose spending conditions on its own, states and localities will be subjected to an ever-changing and ever-expanding list of conditions. States will face uncertainty year-to-year," states the brief. The brief also argues that the decision "runs roughshod" over a constitutional requirement that federal grant conditions be "reasonably related" to the funding's purpose.

To read press on the brief, click here.

To read the brief, click here.