County of Santa Clara Leads Local Government Coalition Supporting Litigation to Block Trump Administration’s Unlawful Efforts to Condition Federal Grants

County’s Amicus Brief Challenges U.S. Department of Justice’s  Unconstitutional Attempt to Dictate Local Law Enforcement Policy

SANTA CLARA COUNTY, CALIF.—On January 4, 2018, the County of Santa Clara is filing an amicus curiae or “friend of the court” brief with the United States Court of Appeals for the Seventh Circuit. The brief, authored by the Office of the County Counsel on behalf of 24 cities and counties and four major national associations of local governments and officials nationwide, urges the Court to uphold a preliminary injunction granted by the lower court that blocks the U.S. Department of Justice (“DOJ”) from enforcing unlawful federal grant conditions announced in 2017. The County filed a similar amicus brief in support of the City of Chicago’s motion with the lower court. The lower court cited the County’s brief several times in support of its decision to apply the preliminary injunction nationwide.

The new DOJ conditions target the Byrne Justice Assistance Grant (JAG) program, which is the leading source of federal grant funding for state and local law enforcement, correctional, prosecution, indigent defense, and victim/witness programs. The lower court concluded that DOJ could not lawfully mandate that state and local governments receiving these grant funds assist the federal government with immigration enforcement. The County’s brief argues that the nationwide injunction should be upheld because DOJ’s unlawful conditions undermine basic constitutional principles that allow local law enforcement agencies to exercise their own judgments about how best to keep their communities safe, and because they are contrary to the purpose of the Byrne JAG program, which is to support flexible responses to the diverse needs of local communities around the country.

“Santa Clara County was one of the first communities in the nation to refuse to do the federal government’s work of enforcing immigration law,” said Santa Clara County Board of Supervisors President Dave Cortese. “Local law enforcement officials here and around the country know that these policies are the best way to keep immigrants out of the shadows and make our entire community safer. Thankfully, because of our system of government, President Trump can’t force us to change our policies.”

“President Trump and Attorney General Sessions continue to make wrongheaded and unlawful decisions,” added Santa Clara County Counsel James R. Williams. “Using federal funding as a threat against local communities is not only unwise, it is unconstitutional. We will keep fighting to uphold these basic principles that our Nation’s Founders so carefully crafted.”

The case is Chicago v. Sessions, No. 17-2991 (Seventh Circuit Court of Appeals). The cities, counties, and national organizations that joined the County of Santa Clara in the filing are: the City of Cambridge, MA; the City of Chelsea, MA; the International City/County Management Association; the International Municipal Lawyers Association; the City of Iowa City, IA; the City of Ithaca, NY; King County, WA; the City of Los Angeles, CA; the City of Madison, WI; the City of Menlo Park, CA; the Metropolitan Area Planning Council; the City of Minneapolis, MN; the County of Monterey, CA; the National League of Cities; the City of New York, NY; the City of Northampton, MA; the City of Oakland, CA; the City of Portland, OR; the City of Providence, RI; the City of Rochester, NY; the City and County of San Francisco, CA; the City of San José, CA; the County of Santa Cruz, CA; the City of Seattle, WA; the City of Somerville, MA; the City of Tucson, AZ; and The United States Conference of Mayors.

7th Cir JAG Amicus Press Release.pdf​

About the Santa Clara County Counsel’s Office

The County Counsel serves as legal counsel to the County, its Board of Supervisors and elected officials, every County department and agency, and the County’s boards and commissions. With a staff of 170 employees, including 85 attorneys, the Office of the County Counsel is also responsible for all civil litigation involving the County and its officers. Through its Social Justice and Impact Litigation Section, the Office litigates high-impact cases, drafts innovative local ordinances, and develops policies and programs to advance social and economic justice.

About the County of Santa Clara

The County of Santa Clara government serves a diverse, multi-cultural population of 1.9 million residents in Santa Clara County, the fifth largest county in California. With a $6.5 billion budget and more than 70 agencies/departments and 20,000 employees, the County of Santa Clara plans for the needs of a dynamic community, provides quality services, and promotes a healthy, safe and prosperous community for all. The County provides essential services including public health protection, environmental protection, medical services through Santa Clara Valley Medical Center (SCVMC), child and adult protection services, homelessness prevention and treatment, roads, park services, libraries, emergency response to disasters, protection of minority communities and those under threat, access to a fair criminal justice system, and scores of other services, particularly for those members of our community in the greatest need.

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Media Contact: Laurel Anderson​, Office of Public Affairs, (408) 299-5119.

Posted: January 4, 2018