Immigration | More Judicial Obstruction on Sanctuary Cities | Apr 25, 2017

Judge blocks President Trump’s sanctuary city funding freeze

|| San Jose Mercury News

“SAN FRANCISCO — A federal judge Tuesday halted President Donald Trump’s executive order stripping sanctuary jurisdictions of federal funding, dealing a blow to the Trump Administration’s efforts to punish so-called sanctuary cities and counties.

With Santa Clara County and San Francisco’s landmark motion for a preliminary injunction approved, the section of the executive order applying to sanctuary jurisdictions will not go into effect until the court rules on the county’s Feb. 3 lawsuit against the administration.

District Judge William Orrick issued a ruling less than two weeks after a hearing on the case. Santa Clara County Supervisor Cindy Chavez called it a victory for immigrant rights.

“We’re fighting for the United States Constitution and we succeeded after the Trump Administration tried to do an end run around it,” Chavez said in a statement. “The court’s decision is a win for the neediest people in our nation. Seniors in need of food, foster youth in need of shelter and children who need medical care. We’ll continue being a welcoming, safe and diverse community.”

Chad Readler, acting assistant attorney general, said Santa Clara County and San Francisco were interpreting the executive order too broadly. The funding cutoff applies to three Justice Department and Homeland Security Department grants that require complying with a federal law that local governments not block officials from providing people’s immigration status, he said.
The order would affect less than $1 million in funding for Santa Clara County and possibly no money for San Francisco, Readler said. Republican President Donald Trump was using a “bully pulpit” to “encourage communities and states to comply with the law,” Readler said.

The case has placed Santa Clara and San Francisco at the center of a contentious debate about sanctuary cities and counties. Hundreds of jurisdictions around the country have declared themselves sanctuaries for undocumented immigrants, proclaiming they will not turn those immigrants over to federal agents, despite repeated threats from the Trump Administration.

Orrick appeared to sense the ambiguity of the policy, at one point asking, “What would the purpose of the executive order be?”

….Continue reading more @ Mercury News

 

Federal judge blocks Trump’s sanctuary cities executive order

|| Washington Examiner

“A federal judge on Tuesday blocked President Trump’s sanctuary cities executive order.

San Francisco and Santa Clara County both won preliminary injunctions on Tuesday against Trumps’ Jan. 25 executive order that moved to cut off federal funding from cities that limit their cooperation with federal immigration requests.

According to San Francisco-based U.S. District Judge William H. Orrick, the loss of funds would cause cities “to suffer irreparable harm absent an injunction.”

Orrick also cited public comments from Trump and Attorney General Jeff Sessions, saying the two “erased” any “doubt about the scope of the order.”

However, the federal government is still able to enforce existing conditions of federal grants and does not restrict it from “developing regulations or preparing guidance on designating a jurisdiction as a ‘sanctuary jurisdiction,'” Orrick ruled.

There are at least three other lawsuits against similar language in the executive order.

Santa Clara County Supervisor Cindy Chavez called it a victory for immigrants.

“We’re fighting for the United States Constitution and we succeeded after the Trump administration tried to do an end run around it,” said Chavez in a statement. “The court’s decision is a win for the neediest people in our nation. Seniors in need of food, foster youth in need of shelter and children who need medical care. We’ll continue being a welcoming, safe and diverse community.”

The federal government has been taking actions targeting so-called sanctuary cities since the January executive order, such has rolling back Justice Department grants that a city can receive contingent on cooperating with immigration requests under Section 1317 of 8 U.S. Code.

The decision comes only months after courts ruled against key portions of two of Trump’s immigration-related executive orders.”

…..Continue reading more @ WashingtonExaminer

The Danger of Sanctuary Cities | Apr 2016

Sanctuary Cities and the Concept of Federal Preemption and the Supremacy Clause | Nov 21 2016