Katherine T. Allen (Argued), United States Department of Justice, Civil Division, Appellate Staff, Room 7325, 950 Pennsylvania Avenue, N.W., Washington, DC 20530, Bradley Hinshelwood , United States Department of Justice, Room 7256, 950 Pennsylvania Avenue, N.W., Washington, DC 20530, Laura Myron , United States Department of Justice, Room 7222, 950 Pennsylvania Avenue, N.W., Washington, DC 20530, Chad A. Readler , United States Department of Justice, Appellate Section, Criminal Division, 950 Pennsylvania Avenue, N.W., Washington, DC 20530, Daniel Tenny , United States Department of Justice, Civil Division, Federal Programs Branch, 20 Massachusetts Avenue, N.W., Room 7130, Washington, DC 20530, Counsel for Appellant.
Lawrence J. Joseph , Suite 700-1A, 1250 Connecticut Avenue, N.W., Washington, DC 20036, Counsel for Amicus Appellant Immigration Reform Law Institute.
Adam S. Lurie , Linklaters, 601 Thirteenth Street, N.W., Suite 400 South, Washington, DC 20006, Counsel for Amicus American Jewish Committee.
Benna R. Solomon , City of Chicago, Corporate Counsel's Office, 30 North LaSalle Street, Room 800, Chicago, IL 60602, Counsel for Amicus Appellee City of Chicago.
Spencer E. W. Amdur , American Civil Liberties Union, Immigrants' Rights Project, 125 Broad Street, 18th Floor, New York, NY 10004, Counsel for Amicus Appellee American Civil Liberties Union Foundation.
Ilana H. Eisenstein , DLA Piper, 1650 Market Street, One Liberty Place, 49th Floor, Philadelphia, PA 19103, Counsel for Amicus Appellee Philadelphia Social and Legal Services Organizations.
Nicolas Y. Riley , Institute for Constitutional Advocacy and Protection, Georgetown University Law Center, 600 New Jersey Avenue, N.W., Washington, DC 20001, Counsel for Amicus Appellee Current and Former Prosecutors and Law Enforcement Leaders.
Linda Fang , Office of Attorney General of New York, 28 Liberty Street, 23rd Floor, New York, NY 10005, Counsel for Amicus Appellee State of New York.
Robert Perrin , Latham & Watkins, 355 South Grand Avenue, Suite 100, Los Angeles, CA 90071, Counsel for Amicus Appellee Anti Defamation League.
Before: AMBRO, SCIRICA and RENDELL, Circuit Judges.
OPINION
RENDELL, Circuit Judge.
The City of Philadelphia has received funds under the federal Edward Byrne Memorial Justice Assistance Grant Program ("Byrne JAG") every year since the program's inception in 2006. Last year, however, the Justice Department notified the City that it was withholding its FY2017 award because the City was not...
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