On Wednesday, a federal appeals court said the Trump administration can withhold funds from New York City and seven states that have declared themselves sanctuaries from federal immigration policies, setting the stage for possible U.S. Supreme Court action. The decision by the 2nd U.S. Circuit Court of Appeals in New York said President Trump acted within his authority when he signed an executive order in January 2017 to withhold federal funds from states that resisted helping federal efforts to enforce immigration laws.
The latest decision conflicts with rulings from other appeals courts across the country concerning sanctuary policies, indicating a Supreme Court review is ultimately likely. The appeals court ruled that it “cannot agree that the federal government must be enjoined from imposing the challenged conditions on the federal grants here at issue,” adding “these conditions help the federal government enforce national immigration laws and policies supported by successive Democratic and Republican administrations,” the court ruled. “But more to the authorization point, they ensure that applicants satisfy particular statutory grant requirements imposed by Congress and subject to Attorney General oversight.”
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