Filed Date: Aug. 30, 2017
Case Ongoing
Clearinghouse coding complete
This lawsuit, filed by the city of Philadelphia, Pennsylvania, on Aug. 30, 2017, challenged U.S. Attorney General Sessions' imposition of immigration-related conditions on federal funding to the city. Philadelphia, represented by private counsel, filed its complaint in the U.S. District Court for the Eastern District of Pennsylvania. The case was assigned to Judge Michael M. Baylson.
In its complaint, Philadelphia alleged that the Department of Justice (DOJ) was pursuing the federal government's anti-"sanctuary city" policy by new but still unlawful means. Since the narrowing (in Santa Clara) of President Trump’s Jan. 25, 2017 Executive Order 13768, the President's ability to place new immigration-related conditions on federal funds was now more limited. Subsequently, DOJ threatened to withhold critical federal law enforcement funding, the Byrne JAG Program, from cities, including Philadelphia, that would not certify compliance with 8 U.S.C. § 1373 (this provision provided that a local government entity could not prohibit or restrict communication between government entities or officials and federal immigration authorities.)
Philadelphia alleged its own compliance with § 1373, explaining that its agents did not collect immigration status information in the first place, and as a result, the city was in no position to share or restrict the sharing of information. However, Philadelphia's policies allowed local law enforcement to cooperate with federal authorities and to share identifying information about criminal suspects in the city. Philadelphia further noted that its policies sought to foster trust between the city's vibrant immigrant population and the city's officials and employees. Philadelphia contended that it had, for years, prohibited its officers from asking individuals about their immigration status, and that its community policing and safe city standards functioned best "without the city's active involvement in the enforcement of federal immigration law." Philadelphia further noted that it relied upon the funding supplied by the Byrne JAG program to support critical criminal justice programming in the city, including funding the Philadelphia Police Department, District Attorney's Office, and local court system.
Philadelphia contended that in DOJ's July 25, 2017 press release, as Philadelphia interpreted it, DOJ placed three conditions upon the receipt of any Byrne JAG funds in FY 2017: Philadelphia must 1) certify that the City complied with § 1373 (the "certification condition"); 2) permit Department of Homeland Security (DHS) officials to access "any detention facility" in Philadelphia in order to meet with any persons of interest to DHS (the "access condition"); and 3) provide at least 48 hours' advance notice to DHS regarding the "scheduled release date and time" of an inmate for whom DHS requests such advance notice (the "notice condition").
Philadelphia alleged that DOJ lacked constitutional or statutory authority to place the above conditions on the Byrne JAG program. Statutorily, Philadelphia argued that the Byrnes JAG statute did not grant DOJ the authority to impose these conditions. Constitutionally, Philadelphia argued that DOJ was usurping the authority both of Congress to spend funds, and of state and local governments to administer their own law enforcement.
The complaint sought declaratory and injunctive relief. Specifically, Philadelphia asked for a declaration that it complied with § 1373 and that DOJ's immigration-related conditions on Byrne JAG funding were unconstitutional. Philadelphia sought an injunction enjoining DOJ from imposing these conditions.
On Sept. 28, Philadelphia moved for a preliminary injunction. Philadelphia sought a declaration that DOJ's imposition of the new conditions on Byrne JAG funding was unlawful, that the action was contrary to the federal statute and to the Constitution's separation of powers, that Congress would have violated the Spending Clause in permitting the AG's action, and that Philadelphia was in full compliance with § 1373 (to the extent that compliance could be made an applicable condition to the receipt of Byrne JAG funds). Philadelphia also requested that the Court permanently enjoin DOJ from imposing the aforementioned three conditions in conjunction with the Byrne JAG application, as well as any future grants under the Byrne JAG program.
On Oct. 12, DOJ filed its opposition to the preliminary injunction motion. DOJ argued that Philadelphia's policies were frustrating the federal government's ability to remove immigrants with criminal records from the country. DOJ also maintained that it had long imposed conditions on federal grant funds to aid law enforcement, including on the Byrne JAG program, and that Philadelphia's position would allow the City, not DOJ, to determine the conditions associated with a federal grant that Congress had authorized the DOJ to award.
On Oct. 19, a number of cities, legal scholars, and social/legal service organizations filed amicus briefs in support of the city's preliminary injunction motion.
On Nov. 15, 2017, the Court found that Philadelphia had demonstrated a likelihood of success on its claim that it substantially complied with § 1373, and enjoined the DOJ from rejecting Philadelphia's FY 2017 application for Byrne JAG funding. 2017 WL 5489476 (E.D. Pa. Nov. 15, 2017).
On Jan. 8, 2018, Philadelphia filed an amended complaint. Noting the Nov. 15 preliminary injunction order, the city alleged that DOJ had still failed to disburse the City's FY 2017 Byrne JAG grant, and sought a writ of mandamus to compel it to do so.
DOJ, however, appealed the District Court's preliminary injunction order to the Third Circuit Court of Appeals on Jan. 16 (docket no. 18-1103). DOJ argued that the District Court erred in evaluating Philadelphia's compliance with § 1373 in advance of any final agency action supported by the record. Further, according to DOJ, the District Court did not explain how Philadelphia was in substantial compliance with § 1373, over DOJ's objection that Philadelphia deliberately refused to comply.
In the District Court, DOJ moved to dismiss Philadelphia's amended complaint on Feb. 1, 2018, arguing that the challenged conditions were not unlawful under the Immigration and Nationality Act (INA), Administrative Procedure Act (APA), or Constitution. On Feb. 22, fifteen states and the District of Columbia filed an amicus brief supporting Philadelphia.
On Mar. 13, Judge Baylson denied DOJ's motion to dismiss. First, he held that Philadelphia's claims were ripe as challenges to final agency action under the APA. Next, Judge Baylson held that Philadelphia had advanced plausible arguments that the Byrne JAG statute did not authorize DOJ to impose the challenged conditions, and that DOJ had violated the APA, separation of powers doctrine, Spending Clause, and/or Tenth Amendment. Additionally, Philadelphia had made out a proper claim for a declaratory judgment that it complied with § 1373.
The parties filed summary judgment motions on Apr. 13. Judge Baylson held a three-day bench trial from Apr. 30 to May 2. Meanwhile, a series of cities and scholars filed amicus briefs in support of Philadelphia.
On June 6, 2018, Judge Baylson granted the city equitable relief, holding it was entitled to receive its JAG funding. 309 F. Supp. 3d 289. The court found that Philadelphia generally had "no knowledge whether a person is or is not a citizen." Because the government presented little evidence that Immigration and Customs Enforcement (ICE) could discern this information either, the court held that the Byrne JAG funding conditions were not useful. The court found that Philadelphia's policies were adopted in good faith and so as to protect individual civil rights. Indeed, the court found that "[t]he City assumes great risk if it violates individuals’ civil rights, which would, inter alia, subject the City to endless litigation and very expensive damage claims for violating civil rights of prisoners." Thus the court found that even if the funding conditions were valid, Philadelphia was in compliance or substantial compliance with the conditions.
On June 28, 2018, the court issued an additional memorandum to explain a portion of its June 6 decision providing that if a government agency "has probable cause to assert that an individual in the custody of the City of Philadelphia is a criminal alien...and seeks transfer to federal custody of such individual within a city facility, it shall secure an order from a judicial officer of the United States for further detention, as allowed by law." The court stated that this provision was necessary to ensure both the individual's rights by avoiding the use of immigration detainers, as well as the safety of the public since without the provision, the City would have to release individuals entitled to release. The court found that immigration detainers are not court orders and do not have legal effect.
The government appealed the decision to the Third Circuit (docket no. 18-2648).
On Feb. 15, 2019, the Third Circuit affirmed in part and vacated in part. First, the Court held that the challenged conditions were unlawfully imposed because Congress did not grant the Attorney General the authority to impose them. Thus, the Court affirmed the District Court's order to the extent it enjoined enforcement of the conditions against the plaintiff. Next, the Court held that the portion of the District Court's judgment establishing that a judicial warrant is necessary to transfer a criminal noncitizen to federal custody exceeded the scope of equitable relief required in the case. Accordingly, the Court vacated that part of the order. 916 F.3d 276.
The government filed a petition for rehearing, but the Third Circuit denied the request on June 24, 2019.
The government indicated an intention to seek a writ of certiorari from the U.S. Supreme Court, but as of Mar. 25, 2020, there has been no further action in the case. The case is ongoing.
Summary Authors
Ava Morgenstern (5/5/2018)
Virginia Weeks (7/25/2018)
Sam Kulhanek (3/25/2020)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6145673/parties/the-city-of-philadelphia-v-sessions/
Abdo, Alexander (Pennsylvania)
Ahuja, Jasmeet K. (Pennsylvania)
ATKINS, BROCK (Pennsylvania)
Amdur, Spencer (New York)
Amiri, Brigitte (Pennsylvania)
Abdo, Alexander (Pennsylvania)
Ahuja, Jasmeet K. (Pennsylvania)
BANKS, DANIELLE (Pennsylvania)
Bargzie, Nasrina (Pennsylvania)
Battin, Timothy D. (Pennsylvania)
BEESON, ANN ELIZABETH (Pennsylvania)
Bell, Chad Emerson (Pennsylvania)
Boni, Michael J. (Pennsylvania)
Bowerman, Alexander B. (Pennsylvania)
BRIGANDI, ARMANDO (Pennsylvania)
BUCCOLA, ALLISON R. (Pennsylvania)
CANEVARI, THOMAS MARK (Pennsylvania)
CARSON, MICHELLE K. (Pennsylvania)
CLAIBORNE, MEGHAN E. (Pennsylvania)
CLAIRMONT, JOY P. (Pennsylvania)
COLLINS, TODD S. (Pennsylvania)
COLUMBIA, THE DISTRICT (Pennsylvania)
COOPER, JONATHAN (Pennsylvania)
CRUMP, CATHERINE NEWBY (Pennsylvania)
Datla, Kirti (District of Columbia)
DEAN, MICHELE L. (Pennsylvania)
DETWEILER, MICHAEL L. (Pennsylvania)
DURBIN, JEAN Y. (Pennsylvania)
Eber, Gabriel Baron (Pennsylvania)
Ewing, Randall P. (Pennsylvania)
Farrell, Thomas J. (Pennsylvania)
FAUNES, JAMES P. (Pennsylvania)
FEINBERG, JONATHAN H. (Pennsylvania)
FRIEDMAN, SETH L. (Pennsylvania)
GALATI, STEPHEN J. (Pennsylvania)
GARRY, DANIEL L. (Pennsylvania)
Gibson, Virginia A. (District of Columbia)
GOLDBERG, JACOB A. (Pennsylvania)
GOLLADAY, ADDISON F. (Pennsylvania)
Goodman, Melissa (Pennsylvania)
GRIFFIN, DOUGLAS (Pennsylvania)
GROSSMAN, MEGAN E. (Pennsylvania)
Guttentag, Lucas (Pennsylvania)
Guzman, Michael John (Pennsylvania)
HANSEN, CHRISTOPHER A. (Pennsylvania)
HARBIST, NICHOLAS C. (Pennsylvania)
HARRIS, CHRISTOPHER R. (Pennsylvania)
Heim, Robert C. (Pennsylvania)
HOWARD, TREMELLE I. (Pennsylvania)
Hubbard, Robert L. (Pennsylvania)
HUBBARD, MATTHEW K. (Pennsylvania)
ISTVAN, JANE LOVITCH (Pennsylvania)
Jawetz, Tom-Tsvi M. (Pennsylvania)
Katyal, Neal Kumar (District of Columbia)
Kaufman, Brett Max (Pennsylvania)
Krishnan, Ramya (Pennsylvania)
Kuehler, Natalie N. (Pennsylvania)
KWAWEGEN, JEROEN VAN (Pennsylvania)
LAUGHLIN, STEFANIE E. (Pennsylvania)
LAWRENCE, REGINA (Pennsylvania)
Leonard, William (Pennsylvania)
Leone, Judy Lee (Pennsylvania)
Libra, John Anton (Pennsylvania)
Litman, Harry P. (Pennsylvania)
LOEBELL, DIANE A. (Pennsylvania)
MARSHALL, KATHERINE E. (Pennsylvania)
MAVROUDIS, DIMITRIOS (Pennsylvania)
MCCABE, CHRISTOPHER I. (Pennsylvania)
McCall, Lee Ann (Pennsylvania)
Michelman, Scott M. (Pennsylvania)
MILLER, DANIEL R. (Pennsylvania)
MORRIS, NICOLE S. (Pennsylvania)
ORLOFSKY, STEPHEN M. (Pennsylvania)
PALMER, CATHERINE E. (Pennsylvania)
Pfeiffer, Margaret K. (Pennsylvania)
Pratt, Marcel S. (Pennsylvania)
PRESSER, STEFAN (Pennsylvania)
PURDY, ANDREW M. (Pennsylvania)
PYLE, MICHELE M. (Pennsylvania)
Rabinovitz, Judy (Pennsylvania)
RIDER, CHRISTOPHER H. (Pennsylvania)
RILEY, BRANDON MICHAEL (Pennsylvania)
Sachse, Will W. (Pennsylvania)
SALYER, JOHN C. (Pennsylvania)
Schuker, Daniel J.T. (District of Columbia)
SCOTT, JEFFREY M. (Pennsylvania)
SERRITELLA, PAUL A. (Pennsylvania)
Shapiro, Steven R. (Pennsylvania)
Shapiro, David Michael (Pennsylvania)
SHIELDS, TOI A. (Pennsylvania)
SHOFFEL, AMANDA C (Pennsylvania)
SHOTLAND, AARON (Pennsylvania)
Sindoni, John Elliott (Pennsylvania)
SITARSKI, LYNNE A. (Pennsylvania)
Snyder, Joshua D. (Pennsylvania)
SOBEL, DAVID L. (Pennsylvania)
Spitzer, Arthur B. (Pennsylvania)
STAPLETON, JOHN S. (Pennsylvania)
Stoughton, Corey (Pennsylvania)
STRAW, CRAIG M. (Pennsylvania)
Swanson, Reedy C. (District of Columbia)
SWAYZE, WALTER H. (Pennsylvania)
SWIATEK, LISA A. (Pennsylvania)
THOMPSON, WILLIAM R. (Pennsylvania)
TRUJILLO, KENNETH I. (Pennsylvania)
Tulante, Sozi Pedro (Pennsylvania)
Walker, Benjamin R. (Pennsylvania)
Wessler, Nathan Freed (Pennsylvania)
WIDMAN, JOSEPH B. (Pennsylvania)
Winterkorn-Meikle, Margaret K. (Pennsylvania)
WIZNER, BENJAMIN ELIHU (Pennsylvania)
ZACHARKOW, GEORGE R. (Pennsylvania)
Baumiller, Lawrence H. (Pennsylvania)
Campbell, Rhonda Lisa (Pennsylvania)
Garg, Arjun (District of Columbia)
Hinshelwood, Brad (District of Columbia)
Kennedy, Michael E. (Pennsylvania)
Lappen, Louis D. (District of Columbia)
McSwain, William M. (District of Columbia)
Percival, James H. II (District of Columbia)
Readler, Chad Andrew (District of Columbia)
Rosenberg, Brad P. (District of Columbia)
Schwei, Daniel (District of Columbia)
Stern, Marc (District of Columbia)
St. Joseph, Anthony (Pennsylvania)
Tenny, Daniel (District of Columbia)
Tyler, John Russell (District of Columbia)
Amiri, Brigitte (Pennsylvania)
BURLAND, KRISTINA NEFF (Pennsylvania)
COLE, KRISTINA C.E. (Pennsylvania)
Donovan, Thomas J. Jr. (Vermont)
Eisenstein, Ilana H. (Pennsylvania)
Ferguson, Robert W. (Washington)
Grugan, John C. (Pennsylvania)
Healey, Maura T. (Massachusetts)
Kasten, Mark A. (Pennsylvania)
Kramer, Gilda L. (Pennsylvania)
Lapidus, Lenora (Pennsylvania)
Leckerman, Jason A. (Pennsylvania)
MAGAZINER, FRED T. (Pennsylvania)
Mar, Ria Tabacco (Pennsylvania)
McKee Vassallo, Emilia L. (Pennsylvania)
Melloy Goettel, Katherine E. (District of Columbia)
Narayan, Kavita Kandala (California)
Racine, Karl A. (District of Columbia)
Richards, Ira N. (Pennsylvania)
ROPER, MARY CATHERINE (Pennsylvania)
Schwartz, Michael D. (New York)
SOLANO, CARL A. (Pennsylvania)
Tack-Hooper, Molly M. (Pennsylvania)
Trice, Laura Susan (California)
VASSALLO, EMILIA L. (Pennsylvania)
Walczak, Witold J. (Pennsylvania)
See docket on RECAP: https://www.courtlistener.com/docket/6145673/the-city-of-philadelphia-v-sessions/
Last updated March 2, 2025, 10:21 a.m.
State / Territory: Pennsylvania
Case Type(s):
Special Collection(s):
Trump 1.0 & 2.0 Immigration Enforcement Order Challenges
Trump Administration 1.0: Challenges to the Government
Key Dates
Filing Date: Aug. 30, 2017
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The City of Philadelphia
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
United States Attorney General , Federal
Defendant Type(s):
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Constitutional Clause(s):
Federalism (including 10th Amendment)
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Content of Injunction:
Issues
General/Misc.:
Immigration/Border: