Trump administration asks Supreme Court to issue order on ‘sanctuary cities’

The Trump administration is asking the Supreme Court to let it enforce new conditions on grant funding for every “sanctuary city” except Chicago.

Solicitor General Noel Francisco on Monday submitted a request to Justice Elena Kagan seeking a stay of the Chicago-based 7th U.S. Circuit Court of Appeals ruling that blocked the administration from enforcing its new requirements for grant funding, but only as to its nationwide scope.

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A three-judge panel on the court ruled in April that Chicago is likely to succeed in its challenge to the new mandates, which Attorney General Jeff Sessions enacted to force cities to comply with immigration enforcement efforts, and blocked the requirements nationwide.

Francisco said the ruling was too sweeping and should be limited only to Chicago. 

“The injunction issued in this case reflects the increasingly prevalent trend of entering categorical, absent-party injunctions that bar any enforcement of federal laws or policies against any person,” he argued in his request.

“Such injunctions frustrate development of the law, effectively freezing in place the first ruling adverse to the government unless and until appellate courts intervene.”

The conditions being challenged require cities to allow federal immigration officials access to immigrants in detention facilities and provide 48-hour notice before they release an immigrant in the country illegally in order to receive federal crime-fighting funds.

Francisco has asked the court to stay the 7th Circuit ruling to the extent it applies beyond the city of Chicago while the administration seeks review by the appellate court’s full panel of judges and, if necessary, while it seeks the Supreme Court’s review.