FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CITY AND COUNTY OF SAN No. 19-15947 FRANCISCO, Plaintiff-Appellee, D.C. No. 3:18-cv-05146- v. WHO MERRICK B. GARLAND, Attorney General; AMY L. SOLOMON, Principal Deputy Assistant Attorney General; UNITED STATES DEPARTMENT OF JUSTICE, Defendants-Appellants. STATE OF CALIFORNIA, ex rel, No. 19-15950 XAVIER BECERRA, in his official capacity as Attorney General of the D.C. No. State of California, 3:18-cv-05169- Plaintiff-Appellee, WHO v. MERRICK B. GARLAND, Attorney General; AMY L. SOLOMON, in her official capacity as Principal Deputy Assistant Attorney General; UNITED STATES DEPARTMENT OF JUSTICE, Defendants-Appellants. 2 CITY & CTY. OF SAN FRANCISCO V. GARLAND Appeal from the United States District Court for the Northern District of California William Horsley Orrick, District Judge, Presiding STATE OF OREGON; KATE BROWN, No. 19-35843 Governor; ELLEN ROSENBLUM, Attorney General; CITY OF D.C. No. PORTLAND, 6:18-cv-01959- Plaintiffs-Appellees, MC v. OPINION JOSEPH R. BIDEN, President of the United States, in his official capacity; MERRICK B. GARLAND, Attorney General, Attorney General of the United States, in his official capacity; UNITED STATES OF AMERICA, Defendants-Appellants. Appeal from the United States District Court for the District of Oregon Michael J. McShane, District Judge, Presiding Argued and Submitted June 16, 2022 San Francisco, California Filed July 29, 2022 CITY & CTY. OF SAN FRANCISCO V. GARLAND 3 Before: Sidney R. Thomas, Ronald M. Gould, and Carlos T. Bea, Circuit Judges. Opinion by Judge S.R. Thomas; Partial Concurrence and Partial Dissent by Judge Bea SUMMARY* Civil Rights In consolidated appeals, the panel affirmed in part and vacated in part district court judgments in actions challenging immigration enforcement-related conditions imposed by the Department of Justice on grants made pursuant to the Edward Byrne Memorial Justice Assistance Grant Program for Fiscal Years 2017 and 2018. The Byrne Memorial Justice Assistance Grant (“JAG”) program is a federal formula grant that supports state and local criminal justice efforts. Effective Fiscal Years 2017 and 2018, the Department of Justice (“DOJ”) imposed new immigration enforcement-related conditions (“Conditions”) on Byrne JAG funds. In order to draw upon their Byrne JAG funds, grant recipients, among other things, had to certify that their laws complied with independent provisions of the Federal Code, specifically 8 U.S.C. § 1373, a provision of the Illegal Immigration Reform and Immigrant Responsibility Act enacted in 1996, and 8 U.S.C. § 1644, of the Personal Responsibility and Work Opportunity Reconciliation Act. * This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. 4 CITY & CTY. OF SAN FRANCISCO V. GARLAND The district court for the Northern District of California and the district court for the District of Oregon determined that the Conditions exceeded the DOJ’s statutory authority and permanently enjoined their enforcement. The district courts also held that Sections 1373 and 1644 violated the Tenth Amendment, and permanently enjoined their enforcement. The United States did not appeal the injunctions to the extent that they were based on the holding that the …
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals