REGIME SCOFFLAWS STUFFED AGAIN: 7th Cir. Blasts Barr’s Bogus Battle Bashing Local Law Enforcement In Chicago, Other Cities — Unconstitutional! — Nationwide Injunction Affirmed — “But states do not forfeit all autonomy over their own police power merely by accepting federal grants.“

Dan Kowalski
Dan Kowalski
Online Editor of the LexisNexis Immigration Law Community (ILC)

https://www.lexisnexis.com/legalnewsroom/immigration/b/insidenews/posts/ca7-on-byrne-jag-grant-conditions-chicago-v-barr

Dan Kowalski reports from LexisNexis Immigration Community:

CA7 on Byrne JAG Grant Conditions: Chicago v. Barr

Chicago v. Barr

“We conclude again today, as we did when presented with the preliminary injunction, that the Attorney General cannot pursue the policy objectives of the executive branch through the power of the purse or the arm of local law enforcement; that is not within its delegation. It is the prerogative of the legislative branch and the local governments, and the Attorney General’s assertion that Congress itself provided that authority in the language of the statutes cannot withstand scrutiny. … Accordingly, we affirm the grants of declaratory relief as to the declarations that the Attorney General exceeded the authority delegated by Congress in the Byrne JAG statute, 34 U.S.C. § 10151 et seq., and in 34 U.S.C. § 10102(a), in attaching the challenged conditions to the FY 2017 and FY 2018 grants, and that the Attorney General’s decision to attach the conditions to the FY 2017 and FY 2018 Byrne JAG grants violated the constitutional principle of separation of powers. In light of our determination as to the language in § 10153, it is unnecessary to reach the constitutionality of § 1373 under the anticommandeering doctrine of the Tenth Amendment. We affirm the district court’s grant of injunctive relief as to the application of the challenged conditions to the Byrne JAG grant program-wide now and in the future, which included enjoining the Attorney General from denying or delaying issuance of the Byrne JAG award to grants in FY 2017, FY 2018, FY 2019 and any other future program year insofar as that denial or delay is based on the challenged conditions or materially identical conditions. We remand for the district court to determine if any other injunctive relief is appropriate in light of our determination that § 10153 cannot be used to incorporate laws unrelated to the grants or grantees. Finally, because the injunctive relief is necessary to provide complete relief to Chicago itself, the concern with improperly extending relief beyond the particular plaintiff does not apply, and therefore there is no reason to stay the application of the injunctive relief.”

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The complete 111-page decision is available at the above link.

The 7th Circuit Panel was BAUER, MANION, AND ROVNER, Circuit Judges. The opinion is by Judge Rovner. Judge Manion filed a separate opinion concurring in the legal analysis, but dissenting from the nationwide scope of the injunction.

The 7th Circuit strongly upholds the Constitutional separation of powers and local jurisdictions’ rights to police in a manner that protects their local communities. Compare this with the obsequious kowtowing to Executive abuses by the Second Circuit in State of New York v. Barr,  https://immigrationcourtside.com/2020/02/27/2d-cir-to-ny-six-other-so-called-sanctuary-states-tough-noogies-trump-rules/

Some Federal Courts stand up for our rights in the face of Trump’s tyranny; others “roll over.” History will be their judge!

That being said, I wouldn’t be surprised to see the “JR Five” on the Supremes — who seldom see a White Nationalist abuse of authority picking on immigrants that they aren’t willing to validate — will “torque the law and the facts as necessary” to further the regime’s scofflaw, xenophobic agenda.

History eventually will catch up with them too. History recognizes neither life tenure nor “absolute immunity.”

Due Process Forever!

Continue reading REGIME SCOFFLAWS STUFFED AGAIN: 7th Cir. Blasts Barr’s Bogus Battle Bashing Local Law Enforcement In Chicago, Other Cities — Unconstitutional! — Nationwide Injunction Affirmed — “But states do not forfeit all autonomy over their own police power merely by accepting federal grants.“

SPLIT 7th CIRCUIT VACATES EXPEDITED REMOVAL — FINDS IL OBSTRUCTION OF JUSTICE NOT AN AGFEL — VICTORIA-FAUSTINO V. SESSIONS

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2017/D08-01/C:16-1784:J:Williams:aut:T:fnOp:N:2003083:S:0

Key quote:

“In light of the Ninth Circuit’s decision to remand the petition to the Board for further proceedings, we will not defer to the In re Valenzuela Gallardo articulation of what constitutes a crime relating to the obstruction of justice under the INA. See Cruz v. Sessions, No. 15‐60857, 2017 WL 2115209, at *1 (5th Cir. May 12, 2017) (remanding petition to the Board for further proceedings because the Board relied on “the now‐vacated Valenzuela Gallardo decision … .”) (unpub.). This leaves us with the definition as articulated in In re Espinoza‐Gonzalez. Because the Illinois statute under which Victoria‐Faustino was convicted does not require interference with the proceed‐

No. 16‐1784 13

ings of a tribunal, it cannot be said that the statute categorically fits within the meaning of the INA’s definition of obstruction of justice. Therefore, we must remand this petition to the Board for further proceedings. We caution that we do not, and need not, determine at this juncture whether Victoria‐Faustino is removable under the INA. Rather, we hold that Victoria‐Faustino was improperly placed in the expedited removal proceedings based upon his 2000 Illinois conviction under 720 ILL. COMP. STAT. 5/31‐4.”

PANEL: CIRCUIT JUDGES FLAUM, MANION, and WILLIAMS

OPINION BY: JUDGE WILLIAMS

DISSENTING OPINION: JUDGE MANION

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Interesting that the 7th Circuit remands to the BIA, even though it does not appear that proceedings were ever conducted before a U.S. Immigration Judge or appealed to the BIA. In dissent, Judge Manion found that 1) the respondent failed to exhaust administrative remedies, thereby depriving the court of jurisdiction, and 2) that the crime of obstruction of justice under IL law is an agfel.

PWS

08-03-17