Los Angeles v. Barr, No. 18-56292 (9th Cir. 2019)Annotate this Case
The Ninth Circuit affirmed the district court's grant of a preliminary injunction against DOJ's use of the notice and access conditions imposed on recipients of Edward Byrne Memorial Justice Assistance Grant Program formula grants.
The panel held that DOJ lacked statutory authority to require recipients of the grant to comply with DHS requests for notice of a detained alien's release date and time and to allow DHS agents access to detained aliens upon request. The panel held that DOJ lacked statutory authority to the notice and access conditions -- which were not special conditions nor were they listed among the statutorily recognized purposes of a Byrne JAG award -- under section 10102(a)(6) of the Violence Against Women and Department of Justice Act of 2005. The panel rejected DOJ's argument that the notice and access conditions were further supported by provisions in the Byrne JAG statute that authorize the Attorney General to obtain certain information and require coordination with agencies.