Court order: Delaware law enforcement grants safe from federal immigration demands

A federal court in Rhode Island has permanently blocked the U.S. Department of Justice from conditioning $1.1 million in Delaware public safety grants on the state's compliance with federal immigration enforcement requirements. Chief Judge John J. McConnell Jr. of the District of Rhode Island declared the administration's actions unlawful on November 6. The ruling prevents the implementation of conditions that Delaware Attorney General Kathy Jennings described as an attempt to bully the state into performing federal duties.

The conflict stems from the Victims of Crime Act (VOCA). Last year, the federal government declared that states could not access VOCA funds unless they agreed to specific immigration demands. A coalition of states successfully challenged that move, resulting in the removal of conditions on over $1.3 billion in funds. This year, the Justice Department applied similar conditions to new grant programs, including those for law enforcement and juvenile justice.

The specific funds at stake in Delaware include the Edward Byrne Memorial Justice Assistance Formula Grants. This program has served as the primary federal source for criminal justice funding for decades. The court order protects more than $485,000 allocated under the Juvenile Justice and Delinquency Prevention Act. It also secures more than $686,000 for the Byrne State Crisis Intervention Program. That latter fund supports initiatives such as extreme risk protection order programs, mental health courts, drug courts, and veterans treatment courts.

Jennings argued that civil immigration enforcement is a federal responsibility, not a state one. She stated that the administration's coercion violated the separation of powers and federalism. The lawsuit alleged that the government's actions conflicted with laws passed by Congress and the Spending Clause of the U.S. Constitution. Jennings called the funding attempt "malicious, destructive, and poorly conceived," noting that it now has failed.

The lawsuit was co-led by Jennings, California Attorney General Rob Bonta, New Jersey Attorney General Jennifer Davenport, Illinois Attorney General Kwame Raoul, and Rhode Island Attorney General Peter F. Neronha. The legal challenge was joined by the attorneys general of Colorado, Connecticut, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, Oregon, Vermont, Virginia, Washington, and Wisconsin. The District of Columbia and the Commonwealth of Pennsylvania also participated in the suit.

The permanent injunction stops the federal government from enforcing the new conditions on these specific grants. The ruling applies to the funds currently under dispute, which were intended to keep officers safe and fight crime. The court decision resolves the immediate threat to the $1.1 million in congressionally authorized grants for Delaware.