Colorado, Justice Department End “Sanctuary” Immigration Lawsuit

Gavel resting on open book; image by verkeorg, via Flickr, CC BY-SA 2.0, no changes.

Colorado has agreed to terminate its lawsuit funding lawsuit related to immigration.

According to Colorado Politics, the state had filed a lawsuit against the United States Department of Justice while former President Donald Trump was in power.

However, the Justice Department has changed its stance since Biden took over the Oval Office and has now agreed to amicably resolve the dispute.

On Tuesday, U.S. District Court chief judge John L. Kane issued an order amending a ruling that indicated that the Department of Justice’s requirement that states and municipalities cooperate with federal immigration authorities violated Congressional spending.

Colorado, notes The Colorado Sun, sued the Justice Department after the agency withheld state Edward Byrne grants for judicial assistance for fiscal 2018.

Under President Trump, the Justice Department withheld law enforcement funds and other grants from states with “sanctuary” -type policies that prevent local law enforcement agencies from coordinating with federal immigration services.

In his most recent verdict, Judge Kane believed the federal government had exceeded its limits in trying to dictate what states can and cannot do. Kane also stated that only lawmakers have the power to determine conditionality on funds split in Congress.

Border guards. Image via Pixabay / User: mademoddymad. (CCA-BY-0.0)

“Congress developed the Byrne JAG program to assist local law enforcement agencies,” Kane wrote in a 41-page judgment. “By imposing conditions on Byrne JAG grants for which it has no legal authority, the DOJ has exceeded the authority diligently conferred on it by Congress to administer this program.”

Kane’s decision was welcomed by Colorado Attorney General Phil Weiser.

“I am pleased that a federal judge ruled that the Justice Department violated the law by withholding federal public safety grants because our state would fail to comply with illegal immigration requirements,” Weiser said in a statement. “Withholding Congressional funds on state and local law enforcement agencies because they do not meet new conditions that have not been approved by Congress is an illegal overrun by the Justice Department. Today’s verdict is a victory for the rule of law, Colorado law enforcement, and public safety. “

However, Kane’s recent decision overturned his Las orders to “avoid that

Kane, says Colorado Politics, overturned his previous order to “avoid unnecessary resolution of a constitutional issue”.

Since Kane’s amended order will no longer limit the power of the federal government, the Justice Department agreed to end the appeal.

Attorney General Weiser also praised the amicable ending.

“We sued the Justice Department in the previous administration for breaking the law by withholding federal public safety grants for Colorado because our state failed to comply with illegal immigration requirements,” Weiser said in a statement.


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