Tenth Amendment

States and local governments who have sued the Trump administration over the sanctuary jurisdictions executive order, the adding of conditions to receive Edward Byrne Justice Assistance Grants (Byrne JAG), and providing documentation to prove they comply with 8 U.S.C. 1373 have won all their major claims except one as of June 5.

On June 6 in City of Philadelphia v. Sessions a federal district court became the first to rule that Section 1373 is unconstitutional. This statute prohibits states and local governments from restricting employees from sharing immigration status information with federal immigration officials.

In a 6-3 decision in Murphy v. National Collegiate Athletic Association the Supreme Court declared the federal Professional and Amateur Sports Protection Act (PASPA) unconstitutional. PASPA, adopted in 1992, prohibits states from authorizing sports gambling. The State and Local Legal Center (SLLC) filed an amicus brief asking the Court to rule PASPA violates the Constitution’s anticommandeering doctrine.  

As a result of this decision state legislatures may repeal state laws banning sports betting and/or pass laws allowing sports betting.

In July the Department of Justice (DOJ) added two new requirements for states and local governments to receive federal Edward Byrne Justice Assistance Grants (Byrne JAG) for law enforcement funding. Chicago sued Attorney General Jeff Sessions arguing that these new requirements and another requirement are unlawful and/or unconstitutional. An Illinois federal district court granted Chicago’s request for a nationwide preliminary injunction temporarily disallowing DOJ from imposing the two new requirements.     

Congress created Byrne JAG in 2005 to provide “flexible” funding for state and local police departments. In April 2017 DOJ required Chicago (and eight other jurisdictions) to provide documentation that it complies with 8 U.S.C. 1373, which prohibits states and local governments from restricting employees from sharing immigration status information with federal immigration officials.

In July the Department of Justice (DOJ) added two new requirements for states and local governments to receive federal Edward Byrne Justice Assistance Grants (Byrne JAG) for law enforcement funding. Chicago, San Francisco, and California have filed lawsuits against Attorney General Jeff Sessions arguing that these new requirements are unlawful. Chicago argues that another requirement added earlier is unlawful as well.    

Congress created Byrne JAG in 2005 to provide “flexible” funding for state and local police departments. In April 2017 DOJ required Chicago (and eight other jurisdictions) to provide documentation that it complies with 8 U.S.C. 1373, which prohibits states and local governments from restricting employees from sharing immigration status information with federal immigration officials.

In July 2017 DOJ added a “notice” and an “access” requirement to receive Byrne JAG funds. Recipients must now (1) provide 48 hours advance notice to the Department of Homeland Security (DHS) regarding the scheduled release of “aliens” and (2) allow access to correctional or detention facilities to meet with “aliens” and inquire about their right to be in the United States.

In Christie v. National Collegiate Athletic Association the Supreme Court will decide whether the 1992 Professional and Amateur Sports Protection Act (PASPA) prohibition against state-sanctioned sports gambling is unconstitutional commandeering.

New Jersey first amended its constitution to allow some sports gambling and then passed a law repealing restrictions on sports gambling. In both instances New Jersey Governor Chris Christie was sued for violating PASPA. In both cases Christie responded that PASPA unconstitutionally commandeers states in violation of the Tenth Amendment.

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