A federal judge in California has blocked the Trump administration from withholding federal funds from sanctuary jurisdictions, claiming in a Thursday ruling that doing so would be "unconstitutional." This, after more than a dozen self-declared "sanctuary" counties and cities filed a joint lawsuit against the administration in February for threatening the freeze of funds.
US District Judge William H. Orrick of the Northern District of California ruled that Trump's executive order instructing federal officials to strip funding from sanctuary jurisdictions that do not cooperate with federal immigration law would violate the separation of powers principles and the Spending Clause of the United States Constitution, according to court filings.
"The Cities and Counties have demonstrated a likelihood of irreparable harm," the judge said. "The threat to withhold funding causes them irreparable injury in the form of budgetary uncertainty, deprivation of constitutional rights, and undermining trust between the Cities and Counties and the communities they serve."
Judge Orrick, who was appointed by former President Barack Obama, ruled that two of Trump's executive orders violated the Fifth Amendment "to the extent they are unconstitutionally vague and violate due process." These orders are the "Protecting the American People Against Invasion" and "Ending Taxpayer Subsidization of Open Borders." Additionally, the judge added that these directives "also violate the Tenth Amendment because they impose coercive conditions intended to commandeer local officials into enforcing federal immigration practices and law."
The plaintiffs in the suit include several cities and counties in California, such as the city and county of San Francisco, Santa Clara County, Monterey County, and the cities of Oakland, Emeryville, San Jose, San Diego, Sacramento, and Santa Cruz. Also included in the suit are Seattle, Washington; King County, Washington; Portland, Oregon; New Haven, Connecticut; Minneapolis, Minnesota; St. Paul, Minnesota; and Santa Fe, New Mexico.
In granting the preliminary injunction, Orrick wrote that the "defendants and their officers, agents, servants, employees, and attorneys, and any other persons who are in active concert or participation with them ARE HEREBY RESTRAINED AND ENJOINED from directly or indirectly taking any action to withhold, freeze, or condition federal funds."
Judge Orrick ordered the Trump administration to provide a written notice of the court order to federal departments and agencies by Monday, April 28. "The written notice shall instruct those agencies that they may not take steps to withhold from, freeze, or condition funds to the Cities and Counties," the judge added.
Following the ruling, a spokesperson for the Department of Justice told the Washington Examiner in a statement: "This Department of Justice will continue to fight in court to defend President Trump's agenda to crack down against policies that benefit criminal illegal aliens."
