1 00:00:00,080 --> 00:00:03,000 Speaker 1: Now turning to the legal issues of the day, President 2 00:00:03,040 --> 00:00:06,440 Speaker 1: Trump lost on another immigration issue, as a federal judge 3 00:00:06,440 --> 00:00:10,920 Speaker 1: blocked rules requiring sanctuary cities to cooperate with the administration's 4 00:00:10,960 --> 00:00:15,360 Speaker 1: crackdown on undocumented immigrants in order to get federal grant money. 5 00:00:15,600 --> 00:00:19,160 Speaker 1: A Chicago federal judge ruled the Justice Department cannot withhold 6 00:00:19,160 --> 00:00:22,360 Speaker 1: millions of dollars in grants for public safety from cities 7 00:00:22,360 --> 00:00:26,160 Speaker 1: that refused to share with federal officials the immigration status 8 00:00:26,160 --> 00:00:30,280 Speaker 1: of suspects who are in custody. Chicago Mayor Raw Emmanuel 9 00:00:30,360 --> 00:00:33,720 Speaker 1: said the ruling was a clear statement that Trump's immigration 10 00:00:33,800 --> 00:00:38,000 Speaker 1: policy is wrong. It's an affirmation of the rule of law. 11 00:00:39,080 --> 00:00:42,600 Speaker 1: It's an assertion of our most fundamental American values, and 12 00:00:42,640 --> 00:00:46,040 Speaker 1: it's an unambiguous, clear rejection of the false choice that 13 00:00:46,120 --> 00:00:49,199 Speaker 1: the Trump Justice Department wanted Chicago to make between our values, 14 00:00:49,600 --> 00:00:53,600 Speaker 1: our principles, and our priorities. The ruling applies to cities 15 00:00:53,680 --> 00:00:57,520 Speaker 1: nationwide joining us as Ilia Sulman, professor at George Mason 16 00:00:57,640 --> 00:01:01,600 Speaker 1: University and nin Scalia Law School, Ill. Yeah, this is 17 00:01:01,640 --> 00:01:05,200 Speaker 1: a temporary ruling until the city's lawsuit against the Justice 18 00:01:05,280 --> 00:01:09,240 Speaker 1: Department is over. So how big a victory is it. 19 00:01:09,240 --> 00:01:12,840 Speaker 1: It's a pretty significant victory because even though technically the 20 00:01:12,920 --> 00:01:16,600 Speaker 1: ruling is just on a preliminary injunction until the case 21 00:01:16,720 --> 00:01:21,360 Speaker 1: is settled, the standard forgetting this preliminary ruling is based 22 00:01:21,360 --> 00:01:23,720 Speaker 1: on who is likely to succeed when the case is 23 00:01:23,760 --> 00:01:26,560 Speaker 1: fully resolved. So the judge in thing very much tipped 24 00:01:26,560 --> 00:01:29,000 Speaker 1: his hand on what he thinks about that. So at 25 00:01:29,040 --> 00:01:32,080 Speaker 1: least on two of the three issues involved, uh, it 26 00:01:32,160 --> 00:01:35,200 Speaker 1: seems very likely that the city will prevail when the 27 00:01:35,280 --> 00:01:39,400 Speaker 1: judge makes his final ruling. Well, Elliott, tell us, what 28 00:01:39,480 --> 00:01:42,600 Speaker 1: did the judge conclude in order to issue this injunction? 29 00:01:42,640 --> 00:01:46,640 Speaker 1: What was his reasoning? Sure? So, in order for the 30 00:01:46,760 --> 00:01:50,560 Speaker 1: federal government to set conditions on grant money that goes 31 00:01:50,640 --> 00:01:53,720 Speaker 1: to states or localities, the Supreme Court has wine said 32 00:01:53,760 --> 00:01:57,520 Speaker 1: that those conditions have to be imposed by Congress, and 33 00:01:57,600 --> 00:02:00,000 Speaker 1: they have to be clearly stated in the line question. 34 00:02:00,440 --> 00:02:04,200 Speaker 1: They can't just be ambiguously hidden somewhere, and unlike like 35 00:02:04,280 --> 00:02:06,920 Speaker 1: in this case, they cannot be made up by the 36 00:02:06,960 --> 00:02:10,640 Speaker 1: executive after the fact. So two of the three conditions 37 00:02:10,680 --> 00:02:14,440 Speaker 1: that the Trump administration wanted to impose, the judge ruled 38 00:02:14,440 --> 00:02:17,400 Speaker 1: they simply aren't there. In the law. They're simply ones 39 00:02:17,480 --> 00:02:20,960 Speaker 1: that Jeff Sessions, the Attorney General, wanted to impose, but 40 00:02:21,360 --> 00:02:25,560 Speaker 1: Congress never authorized it. The third condition, on the other hand, 41 00:02:25,880 --> 00:02:29,079 Speaker 1: the judge, through what I think is convoluted and flawed reasoning, 42 00:02:29,440 --> 00:02:33,320 Speaker 1: ultimately decided is likely imposed by the law. We can 43 00:02:33,360 --> 00:02:35,320 Speaker 1: talk about that in a moment if you like. But 44 00:02:35,960 --> 00:02:39,720 Speaker 1: at least he reaffirmed the very important principle that the 45 00:02:39,760 --> 00:02:42,720 Speaker 1: President and the Attorney General can't simply make up new 46 00:02:42,760 --> 00:02:46,440 Speaker 1: grant conditions after the fact. And that's a very important 47 00:02:46,600 --> 00:02:50,160 Speaker 1: statement that has significance that goes beyond this case, because 48 00:02:50,160 --> 00:02:52,960 Speaker 1: there are many other federal grant programs out there the 49 00:02:53,040 --> 00:02:56,600 Speaker 1: states and localities depend on, and if the administration could 50 00:02:56,600 --> 00:02:59,560 Speaker 1: just make up new conditions for grant recipients, they would have, 51 00:02:59,600 --> 00:03:03,200 Speaker 1: in a no mystic to wield over states and local governments, 52 00:03:03,400 --> 00:03:05,720 Speaker 1: and they would be able to circumvent Congress when they 53 00:03:05,720 --> 00:03:09,520 Speaker 1: wanted to. Well, we're talking about the ruling on Friday, 54 00:03:09,520 --> 00:03:13,960 Speaker 1: a federal judge in Chicago blocking Trump administration rules requiring 55 00:03:14,040 --> 00:03:18,000 Speaker 1: sanctuary cities to cooperate with the administration's cracked down on 56 00:03:18,200 --> 00:03:21,600 Speaker 1: undocumented immigrants in order to get federal grant money. Our 57 00:03:21,600 --> 00:03:25,920 Speaker 1: guest is Ilia Sulman, professor at George Mason University, antonin 58 00:03:25,960 --> 00:03:30,639 Speaker 1: Scalia Law School. Ilia. As part of finding for the 59 00:03:30,680 --> 00:03:35,280 Speaker 1: preliminary injunction, the judge found that Chicago and other cities 60 00:03:35,320 --> 00:03:39,160 Speaker 1: across the country would suffer irreparable harm if a preliminary 61 00:03:39,200 --> 00:03:44,520 Speaker 1: injunction was not entered. Explain what he what he found 62 00:03:44,600 --> 00:03:47,880 Speaker 1: as far as driving a wedge of distrust between the 63 00:03:47,920 --> 00:03:52,200 Speaker 1: immigrant community and the police. Sure so, UH if the 64 00:03:52,480 --> 00:03:56,240 Speaker 1: police and other state officials or local officials are required 65 00:03:56,280 --> 00:04:01,840 Speaker 1: to cooperate with federal efforts to depart undocumented migrants, that 66 00:04:02,040 --> 00:04:05,240 Speaker 1: will make it difficult for them to work with Hispanic 67 00:04:05,280 --> 00:04:08,880 Speaker 1: and other immigrant communities because people will fear the friends 68 00:04:08,960 --> 00:04:11,720 Speaker 1: or relatives of theirs might be deported if the if 69 00:04:11,760 --> 00:04:14,400 Speaker 1: they talked to the police, or the police run across them. 70 00:04:14,440 --> 00:04:17,919 Speaker 1: And therefore, police chiefs and officials in many cities around 71 00:04:17,920 --> 00:04:20,719 Speaker 1: the country have said that it's a very bad idea 72 00:04:20,839 --> 00:04:26,160 Speaker 1: to UH get local police involved in deportation efforts because 73 00:04:26,480 --> 00:04:29,120 Speaker 1: it will make communities distrust them and will lead people 74 00:04:29,160 --> 00:04:32,560 Speaker 1: to clam up UH and not cooperate with the police 75 00:04:32,560 --> 00:04:37,080 Speaker 1: and investigating other much more serious kinds of law breaking. Elia. 76 00:04:37,200 --> 00:04:40,479 Speaker 1: What were the rules that the Attorney General tried to 77 00:04:40,520 --> 00:04:45,000 Speaker 1: impose that the court said Congress hadn't authorized. There are 78 00:04:45,000 --> 00:04:48,640 Speaker 1: two of them. One is that UH, the Justice Department 79 00:04:48,720 --> 00:04:53,320 Speaker 1: wanted Department of Homeland Security officials to have access into 80 00:04:53,360 --> 00:04:57,760 Speaker 1: any state or local detention facility to determine the immigration 81 00:04:57,839 --> 00:05:00,960 Speaker 1: status of any aliens that might be held there. UH. 82 00:05:01,000 --> 00:05:04,279 Speaker 1: And the second one Wednesday, UH, they were supposed to 83 00:05:04,279 --> 00:05:07,560 Speaker 1: give the Department of Homeland Security forty eight hours noticed 84 00:05:07,839 --> 00:05:11,039 Speaker 1: before a jail or a prison releases a person for 85 00:05:11,120 --> 00:05:15,080 Speaker 1: whom uh DHS has sent over a detention request, so 86 00:05:15,200 --> 00:05:19,360 Speaker 1: that DHS could attract a person and UH snagged him 87 00:05:19,400 --> 00:05:22,520 Speaker 1: for potential deportation. Uh. Those are the two rules the 88 00:05:22,600 --> 00:05:26,919 Speaker 1: judge said Congress had not authorized and had not imposed 89 00:05:26,920 --> 00:05:30,480 Speaker 1: on grant recipients. Our thanks to Elias Simon of the 90 00:05:30,560 --> 00:05:34,320 Speaker 1: George Mason Scalia Law School for being our guest on 91 00:05:34,320 --> 00:05:35,240 Speaker 1: Bloomberg lat Today.