Calling the measure unconstitutional, the Ninth Circuit Court of Appeal Court ruled on Wednesday in a case challenging President Trump’s Executive Order No. 13,768 “Enhancing Public Safety in the Interior of the United States” which orders the withholding of federal grants to so-called US sanctuary cities. The executive order was meant to punish cities and counties which limit cooperation with US immigration officials. The action was brought against the President by the City and County of San Francisco and the County of Santa Clara, California. The Ninth Circuit panel affirmed a grant of summary judgment in favor of the plaintiffs but vacated a nationwide injunction that had been ordered by the district court in the matter. The decision noted that:
“. . .under the principle of Separation of Powers and in consideration of the Spending Clause, which vests exclusive power to Congress to impose conditions on federal grants, the Executive Branch may not refuse to disperse the federal grants in question without congressional authorization.”
The case was remanded to the lower court to determine if a nationwide ban against the sanctions is warranted.
More Resources:
City and County of San Francisco v. Trump, No. 17-17478 (9th Cir. 2018), Justia Summary & Opinion
Executive Order No. 13,768 “Enhancing Public Safety in the Interior of the United States”, January 25, 2017.
Court strikes down Trump push to cut ‘sanctuary city’ funds, The Washington Post, August 1, 2018.
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