Attorney General Racine Joins Broad Coalition Supporting City of Chicago’s Bid to Preserve Local Control over Law Enforcement Policy

Amicus Brief Challenges Unconstitutional Federal Grant Conditions

WASHINGTON, D. C. – Attorney General Karl A. Racine joined over 40 cities, counties, and organizations in filing an amicus curiae, or “friend of the court,” brief supporting local control over law enforcement policy, including the choice to implement important policies that build trust between law enforcement and immigrant communities. Filed with the United States District Court for the Northern District of Illinois, the brief in City of Chicago v. Sessions urges the Court to grant the City of Chicago’s motion for a preliminary injunction barring enforcement of new federal grant conditions recently announced by the U.S. Department of Justice (“DOJ”).

The new DOJ conditions target the Edward Byrne Memorial Justice Assistance Grant Program, the leading source of federal grant funds for law enforcement, crime prevention, prosecution, indigent defense, and crime victim and witness programs. The new conditions would disqualify state and local governments from receiving these funds unless they agree to assist the federal government in enforcing federal immigration law. The amicus brief argues on behalf of local governments nationwide that these unconstitutional and unlawful conditions undermine the ability of local law enforcement agencies to carry out their own considered judgments about how best to keep their communities safe.

“Here in the District, we have chosen to implement law enforcement policies that build trust with the residents we serve, including immigrant communities, in order to open lines of communication and keep our residents safe,” said Attorney General Racine. “It would be detrimental to public safety to require local authorities to jeopardize that trust by requiring us to enforce federal immigration law.”

The diverse group of local government entities and organizations that joined the amicus brief argue that local governments must maintain discretion to develop law enforcement policies tailored to the needs of their communities. Many cities and counties around the country have decided that limiting their involvement in federal immigration enforcement best promotes public safety by empowering all community members to report crimes and serve as witnesses, thereby avoiding creating a class of “silent victims” who feel local law enforcement doesn’t serve them. In fact, the brief cites evidence that communities where local police do not engage in immigration enforcement—including major cities like Chicago—have lower crime rates than those that do. This data echoes findings from a report released earlier this year by Attorney General Racine and counterparts from five states titled “Setting the Record Straight on Local Involvement in Federal Civil Immigration Enforcement.”

DOJ’s new grant conditions would force local governments to either abandon the policies that they have adopted to increase community trust and lower crime rates, or lose their main source of federal funding for critical law enforcement programs that help achieve these goals.

In addition to the District, the cities, counties, and organizations that signed the brief are:

The County of Santa Clara, California; the City of Austin, Texas; the City of Cambridge, Massachusetts; the City of Chelsea, Massachusetts; the City and County of Denver, Colorado; El Paso County, Texas; the City of Houston, Texas; the International City/County Management Association; the International Municipal Lawyers Association; the City of Iowa City, Iowa; the City of Ithaca, New York; King County, Washington; the City of Lawrence, Massachusetts; the City of Los Angeles, California; the City of Madison, Wisconsin; the City of Menlo Park, California; the Metropolitan Area Planning Council; the National Association of Counties; the National League of Cities; the City of New York, New York; the City of Oakland, California; the City of Pittsburgh, Pennsylvania; the City of Philadelphia, Pennsylvania; the City of Portland, Oregon; the City of Providence, Rhode Island; the City of Rochester, New York; the City of Sacramento, California; the City of Salinas, California; the City and County of San Francisco, California; the City of San José, California; the City of Santa Ana, California; the County of Santa Cruz, California; the City of Santa Fe, New Mexico; the City of Seattle, Washington; the City of Somerville, Massachusetts; the County of Sonoma, California; the City of Syracuse, New York; Travis County, Texas; the City of Tucson, Arizona; the City of Union City, New Jersey; The United States Conference of Mayors; and the City of West Hollywood, California.

A copy of the brief can be found here.