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New York v. Department of Justice

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
20-795 2nd Cir. TBD TBD TBD TBD TBD

Issue: Whether Congress authorized the Department of Justice to condition funding for the Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) program — which sets aside funds for state and local criminal justice priorities — on acceptance of DOJ’s new requirements that state and local government grant recipients (1) respond to ad hoc requests from federal officials for the release dates of non-citizens in grantees’ custody, (2) provide federal agents with access to grantees’ jails and police stations in order to question suspected non-citizens, and (3) certify compliance with 8 U.S.C. § 1373, which purports to prohibit state and local governments from regulating when their employees may share information with federal officials regarding a person’s citizenship or immigration status.

DateProceedings and Orders (key to color coding)
Dec 07 2020Petition for a writ of certiorari filed. (Response due January 11, 2021)
Dec 22 2020Brief amici curiae of City of Chicago, et al. filed.
Jan 06 2021Memorandum of respondents Department of Justice, et al. filed. VIDED.
Jan 20 2021DISTRIBUTED for Conference of 2/19/2021.