California judge blocks Trump administration crackdown on sanctuary cities, SCOTUS gets next move

The same California federal judge who temporarily halted the Trump administration’s attempts to crack down on sanctuary cities has now permanently blocked President Trump’s executive order that would have denied federal funds to cities that refuse to cooperate with immigration authorities.

U.S. District Court Judge William Orrick’s ruling states that, since the spending has already been approved by Congress and the White House rule imposes new conditions, the rule deprives the Counties “of their Tenth and Fifth Amendment rights.”

“The Counties have demonstrated that the Executive Order has caused and will cause them constitutional injuries by violating the separation of powers doctrine and depriving them of their Tenth and Fifth Amendment rights,” the judge’s order reads, according to Fox News.

Both San Francisco and Santa Clara County filed lawsuits against the Trump administration in response to the executive order.

This ruling follows similar arguments that Orrick made when he temporarily blocked the Trump administration’s efforts to deny the funds to sanctuary cities back in April, an order that prompted an appeal by the administration.

The Justice Department issued a strong statement protesting Orrick’s decision.

“The District Court exceeded its authority today when it barred the President from instructing his cabinet members to enforce existing law,” said a Department of Justice spokesman. “The Justice Department will vindicate the President’s lawful authority to direct the executive branch.”

Calling Orrick’s ruling “a victory for the American people and the rule of law,” San Francisco City Attorney Dennis Herrera said, “President Trump might be able to tweet whatever comes to mind, but he can’t grant himself new authority because he feels like it.”

The Justice Department had tried to argue in April that the executive order wouldn’t affect the two counties since it would apply to only a few federal grants, but Orrick felt like the phrasing was vague and could be applied to “reach all federal grants” resulting in massive cutbacks to both counties.

If the fight against sanctuary cities is going to be won, it looks like the Trump administration will have to take its case to the highest court in the land.

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Op-ed views and opinions expressed are solely those of the author and do not necessarily represent the views of BizPac Review.


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