Judge blocks Trump order on sanctuary cities

President Donald Trump's executive order to deprive "sanctuary" cities of funding has hit a snag in the USA judicial system, as the plan was blocked by a San Francisco federal judge on April 25.

"The defunding provision is entirely inconsistent with law in its stated objective and directives because it instructs the Attorney General and the Secretary to do something that only Congress has the authority to do-place new conditions on federal funds", Orrick wrote.

In his ruling, Judge William H. Orrick sided with Santa Clara County, the city of San Francisco and other jurisdictions, who argued that a threat to take away federal funds from cities that do not cooperate with some federal immigration enforcement could be unconstitutional.

"The President has called it "a weapon" to use against jurisdictions that disagree with his preferred policies of immigration enforcement, and his press secretary has reiterated that the President intends to ensure that 'counties and other institutions that remain sanctuary cites don't get federal government funding in compliance with the executive order'".

"Sanctuary policies like these aren't just lawful; they can also be critical to protecting public safety, which depends on trust between law enforcement and those they bravely serve", Schneiderman added.

In the Bay Area, sanctuary counties include San Francisco, Santa Cruz and Alameda as well as cities such as Oakland and San Jose. He said the gun went off accidentally.

The California counties argued that directive "violates the separation of powers doctrine enshrined in the Constitution because it improperly seeks to wield congressional spending powers", was "so overbroad and coercive that even if the president had spending powers, the order would clearly exceed them and violate the Tenth Amendment's prohibition against commandeering local jurisdictions", and was "so vague and standardless that it violates the Fifth Amendment's Due Process Clause".

State Superintendent of Public Instruction Tom Torlakson, who filed court briefs supporting the lawsuit and has urged districts throughout California to pass safe haven resolutions, said he was elated with the ruling.

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A Justice Department attorney, Chad Readler, previously defended the president's executive order as an attempt to use his "bully pulpit" to "encourage communities and states to comply with the law".

"The ruling underscores the President's actions are not only unpopular but also unconstitutional", Angelica Salas, CHIRLA's executive director, said in a statement.

The decision will stay in place while the lawsuits brought by the city of San Francisco and Santa Clara County work their way through court. Many sanctuary jurisdictions have pledged to protect their undocumented immigrant populations despite potential consequences from the administration.

They said the government at this point hasn't identified any "sanctuary jurisdictions", must less defined what the term means. "The City of Chicago was proud to sign on to an amicus brief in support of an immediate injunction, and I commend Judge Orrick's thoughtful decision to block enforcement of this illegal executive order".

Protesters against Miami-Dade Mayor Carlos Gimenez's decision to abide by President Donald Trump's order, that any "sanctuary" cities could possibly lose federal funding, make themselves heard.

The order has also led to lawsuits by Seattle; two MA cities, Lawrence and Chelsea; and a third San Francisco Bay Area government, the city of Richmond.

Santa Ana, Orange County's second-largest city and the only one that has adopted a sanctuary ordinance, did so three days before Trump took office.

A federal appeals court blocked the travel ban. "It is encouraging to see that a federal judge agrees that the vindictive threats that Trump and his administration have been directing toward cities like Santa Ana are unfounded and should not be upheld". The federal government can appeal the ruling to the 9th Circuit Court of Appeals.

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