Delaware Wins Ruling That Protects $1.1M in Public Safety Grants
State of DE - A federal judge's ruling is protecting $1.1 million in public safety grants for Delaware. Attorney General Kathy Jennings announced the win, calling it a major court victory for the state.
The money was approved by Congress. It includes grants meant to help keep police officers safe and to fight crime.
Chief Judge John J. McConnell, Jr. of the District of Rhode Island ruled against conditions the Trump Administration tied to the grants. Those conditions would have required states to go along with federal immigration enforcement to get the money.
The judge declared the Administration's actions unlawful. He also issued a permanent injunction, which means the conditions can't be put in place or enforced.
Jennings spoke out after the ruling. "This attempt to strip funding from law enforcement looks a lot like the countless other attempts by the Trump Administration to bully and harass our state," said Attorney General Kathy Jennings. "It was malicious, destructive, and poorly conceived - and now, it's failed."
This fight started last year. According to the Attorney General's office, the Trump Administration told states they couldn't get Victims of Crime Act (VOCA) funds unless they agreed to its immigration demands. The office called those demands extreme and said they ignored the law and what Congress intended.
A group of states pushed back. That coalition got the federal government to drop the conditions on more than $1.3 billion in VOCA funds.
This year, the Attorney General's office says, the U.S. Department of Justice (USDOJ) put the same conditions on new grants. Those included money set aside for law enforcement and juvenile justice.
One of the programs caught up in the dispute is the Edward Byrne Memorial Justice Assistance Formula Grants, better known as the Byrne JAG Program. For decades, under both political parties, it's been the leading federal source of criminal justice money for state and local governments.
Here in Delaware, the ruling protects two pots of money. More than $485,000 comes through Title II Part B of the Juvenile Justice and Delinquency Prevention Act. More than $686,000 comes through the Byrne State Crisis Intervention Program.
That crisis program pays for things like extreme risk protection order programs, mental health courts, drug courts and veterans treatment courts.
The Attorney General's office says civil immigration enforcement is a job for the federal government, not the states. The office argues the Administration's attempts to pressure states went against two core ideas of American government, the separation of powers and federalism.
The office also says the Administration broke laws passed by Congress. It says the conditions violated the Spending Clause of the U.S. Constitution as well.
Five attorneys general co-led the lawsuit. Along with Jennings, they were California Attorney General Rob Bonta, New Jersey Attorney General Jennifer Davenport, Illinois Attorney General Kwame Raoul and Rhode Island Attorney General Peter F. Neronha.
Maryland was one of the states that joined the case. The others were Colorado, Connecticut, Hawaii, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, Oregon, Vermont, Virginia, Washington, Wisconsin, the District of Columbia and the Commonwealth of Pennsylvania.