Tuesday, November 21, 2017

The "Sanctuary" Battle Continues: Court Permanently Enjoins Executive Order Sanctuary Provisions

Judge_William_H._Orrick _III

Judge William Orrick III

Here is big news on the "sanctuary cities" front.  A federal judge has permanently blocked President Donald Trump's executive order to cut funding from "sanctuary cities," cities that limit cooperation with U.S. immigration enforcement authorities.   U.S. District Court Judge William Orrick issued the ruling yesterday in lawsuits brought by two California counties, San Francisco and Santa Clara. Judge Orrick said Trump cannot set new conditions on spending approved by Congress.  The ruling is here.  Download Summary-Judgment

As the Washington Post summarizes the ruling, Judge Orrick "found that the Trump administration’s efforts to move local officials to cooperate with its efforts to deport undocumented immigrants violated the separation of powers doctrine as well as the Fifth and Tenth amendments.

“The Constitution vests the spending powers in Congress, not the President, so the Executive Order cannot constitutionally place new conditions on federal funds. Further, the Tenth Amendment requires that conditions on federal funds be unambiguous and timely made; that they bear some relation to the funds at issue; and that they not be unduly coercive,” the judge wrote. “Federal funding that bears no meaningful relationship to immigration enforcement cannot be threatened merely because a jurisdiction chooses an immigration enforcement strategy of which the President disapproves.”



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