2nd Circ.'s Immigration Ruling Harms Federalism, Profs Warn

Law360 (May 12, 2020, 2:34 PM EDT) -- Law professors pressed the full Second Circuit to review its ruling allowing the Trump administration to tie immigration enforcement conditions to federal grant money, arguing the decision risks upending federalism and the separation of powers.

By permitting the executive branch to bypass Congress and impose conditions on the Edward Byrne Memorial Justice Assistance Grant, a Second Circuit panel has given current and future administrations the green light to force any policy preferences on state and local governments through federal funding, a group of constitutional and immigration professors said Monday.

"If the executive can impose spending conditions on its own, states and...

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