City of Phila. v. Sessions, CIVIL ACTION NO. 17–3894
Citation | 309 F.Supp.3d 289 |
Decision Date | 06 June 2018 |
Docket Number | CIVIL ACTION NO. 17–3894 |
Parties | The CITY OF PHILADELPHIA v. Jefferson Beauregard SESSIONS III, Attorney General of the United States |
Court | United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania) |
Kirti Datla, Reedy C. Swanson, Daniel J.T. Schuker, Neal Katyal, Hogan Lovells US LLP, Washington, DC, Virginia A. Gibson, Alexander B. Bowerman, Jasmeet K. Ahuja, Sara A. Solow, Hogan Lovells US LLP, Judy Lee Leone, Dechert LLP, Lewis Rosman, Sozi Pedro Tulante, City of Philadelphia Law Dept., Marcel S. Pratt, City of Philadelphia Law Department Chair, Litigation Group, Robert C. Heim, Dechert, Will W. Sachse, Dechert, Price & Rhoads, Philadelphia, PA, for The City of Philadelphia.
Brad P. Rosenberg, Daniel Schwei, Rachael Lynn Westmoreland, Arjun Garg, Chad A. Readler, James H. Percival, II, U.S Department of Justice, Washington, DC, Anthony St. Joseph, U.S. Attorney's Office, Philadelphia, PA, for Jefferson Beauregard Sessions III, Attorney General of the United States.
Liberty to Misread: Sanctuary and Possibility in The Comedy of Errors Woodring, Vol. 28, Yale Journal of Law & the Humanities, 319, 320 (2017)
TABLE OF CONTENTS
I. INTRODUCTION AND LITIGATION HISTORY SUMMARY...295
III. FACTS...297
IV. CITY'S MOTION FOR ADOPTION OF JUDGE STRAWBRIDGE'S REPORT AND RECOMMENDATION...316
V. CROSS–MOTIONS FOR SUMMARY JUDGMENT AS TO COUNTS I–III...318
VI. SPENDING CLAUSE (COUNT IV)...325
VII. MURPHY V. NCAA AND THE TENTH AMENDMENT—COMMANDEERING...325
VIII. STANDARD FOR PERMANENT INJUNCTION AND STANDARD OF REVIEW...338
IX. DECLARATORY JUDGMENT...342
XII. CONCLUSION...345
I. INTRODUCTION AND LITIGATION HISTORY SUMMARY
As sailors in Homer's "The Odyssey" seeking to avoid the mythical sea monsters Scylla and Charybdis as they travel to the island of Thrinacia, Philadelphia seeks to avoid having to confront the choice between two alternatives which it finds undesirable. To Philadelphia, Scylla represents compliance with a federal statute requiring that the City issue no guidance restricting its police and other officials from sharing information about the immigration status of City residents, while Charybdis represents $1.6 million that Philadelphia would use to provide vital resources to bolster its local criminal justice prerogatives. In Greek, this is referred to as dí??µµa —a "dilemma," or a "double proposition"—which offers two unacceptable alternatives. Below, this Court lays out a full explanation of why Philadelphia need not make this "Hobson's Choice," and in any event, can steer safely to Thrinacia, accepting the $1.6 million without compromising its local objectives.
The City of Philadelphia filed this lawsuit seeking to enjoin Defendant, United States Attorney General Jefferson Beauregard Sessions, III, from imposing three separate immigration-related conditions on the receipt of grant funds under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program, a federal program providing financial assistance to states and cities for criminal justice. Under the Byrne program, grants are determined by a formula, and funds have already been appropriated by Congress. In fiscal year 2017, Philadelphia would have been entitled to $1.598 million, which it planned to allocate, among other things, to equipping police officers with Narcan
to counteract opioid overdoses.
The three conditions on Byrne grants the City challenges are as follows:
The City also sought a declaration that it complied with 8 U.S.C. § 1373, as lawfully construed, and a writ of mandamus requiring the Attorney General to fund the City its full grant award. The City moved for a preliminary injunction ("PI"), and after an evidentiary hearing, the Court granted the injunction. City of Philadelphia v. Sessions, 280 F.Supp.3d 579 (E.D. Pa. 2017).1 The 7th Circuit Court of Appeals has affirmed a similar PI entered by the Chicago district court, citing and relying on this Court's PI opinion.
The Court then required the parties to engage in fact discovery, which took place, in part, under Judge David Strawbridge, appointed as a Master, who filed a Report and Recommendation, discussed below.
Following a four-day trial and submission of post-trial briefs, this opinion makes findings of fact and conclusions of law on all issues and the Court will grant equitable relief, in favor of the City.
II. SUMMARY OF FINDINGS
1. The public statements of President Trump and Attorney General Sessions, asserting that immigrants commit more crimes than native-born citizens, are inaccurate as applied to Philadelphia, and do not justify the imposition of these three conditions.
2. The Attorney General did not follow established law in promulgating the first two conditions.
3. As to the third condition, certification of compliance with Section 1373, the Court finds:
4. The Court alternatively finds:
5. The City has proven it will suffer irreparable harm if the conditions are not enjoined.
6. The City is entitled to prompt payment of the JAG funds.2
III. FACTS
Brian Abernathy, First Deputy Managing Director of the City of Philadelphia, testified that he is responsible for overseeing "everything you would think of as City government," including public safety, community services, and health and human services. . He oversees the Philadelphia Department of Prisons and the Police Department, which take up 50% or more of his time. (Id. 151:5–11). Throughout his testimony, he frequently described the need to establish trust with Philadelphia residents so that individuals feel free to report crimes and utilize City services, while at the same time maintaining the City's law enforcement relationship with ICE, with which it partners on a number of matters, including drugs and human trafficking. (Id. 11:9; 144:18–23). He is personally notified if an immigration detainer is lodged against an individual in city custody, and testified to reviewing some 165 immigration detainers since January 2017. (Id. 155:10–18).
Mr....
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