Firm Represents Legal Scholars as Amici in Successful Appeal of Nationwide Injunction in Chicago Sanctuary City Litigation

April 20, 2018

On April 19, 2018, the Seventh Circuit Court of Appeals affirmed a nationwide preliminary injunction barring the Federal Government from refusing to provide the City of Chicago with federal law enforcement grants unless Chicago assists federal immigration authorities. The firm filed an amicus curiae brief in support of Chicago on behalf of 52 scholars of administrative, constitutional and immigration law, arguing that the District Court rightly concluded that the U.S. Attorney General’s grant conditions violated the separation of powers because a federal agency may not impose spending conditions without congressional authorization. 

The Seventh Circuit agreed, holding that, without authorization from Congress, “the Executive Branch does not otherwise have the inherent authority as to the grant at issue here to condition the payment of such federal funds on adherence to its political priorities.”  The Court relied on research by two scholars represented by the firm in concluding that Congress repeatedly rejected legislative attempts to impose grant conditions like those unilaterally enacted by the Attorney General.  Thus, the Court concluded, the Attorney General unlawfully “used the sword of federal funding to conscript state and local authorities to aid in federal civil immigration enforcement.” 

To read coverage of the firm’s amicus curiae brief before the District Court, click here.

To read the full Seventh Circuit amicus curiae brief, click here.

To read the Circuit Court decision, click here.

To read coverage of the Circuit Court decision, click here.