Federal judge’s order sets up sanctuary city showdown

A federal judge in California has issued a permanent national injunction against a Trump administration executive order against “sanctuary cities,” likely setting up a Supreme Court showdown in the near future.

U.S. District Judge William H. Orrick had issued a temporary injunction in the case back in April. In his move on Monday night, Orrick said the Trump administration’s effort to withhold grants from cities and counties that didn’t follow its policies was likely unconstitutional.

“The Constitution vests the spending powers in Congress, not the President, so the Executive Order cannot constitutionally place new conditions on federal funds,” Orrick said.

“The Tenth Amendment requires that conditions on federal funds be unambiguous and timely made; that they bear some relation to the funds at issue; and that they not be unduly coercive,” Orrick added. “Federal funding that bears no meaningful relationship to immigration enforcement cannot be threatened merely because a jurisdiction chooses an immigration enforcement strategy of which the President disapproves.”

"The defendants are permanently enjoined from enforcing Section 9(a) of the Executive Order against jurisdictions they deem as sanctuary jurisdictions. Because Section 9(a) is unconstitutional on its face, and not simply in its application to the plaintiffs here, a nationwide injunction against the defendants other than President Trump is appropriate," Orrick concluded.

In a statement issued Monday night, the Justice Department said it would appeal the ruling.

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

The state of California, San Francisco, Chicago and Philadelphia all have active legal cases related to the January executive order and a July policy statement that tied grant funding to compliance with federal government policies.

On July 25, Attorney General Jeff Sessions announced the new conditions related to the Byrne JAG grant program. “From now on, the Department will only provide Byrne JAG grants to cities and states that comply with federal law, allow federal immigration access to detention facilities, and provide 48 hours’ notice before they release an illegal alien wanted by federal authorities. This is consistent with long-established cooperative principles among law enforcement agencies,” Sessions said.

The lawsuits all contend that the Justice Department stipulations about the JAG grants violate various constitutional rights.

Scott Bomboy is the editor in chief of the National Constitution Center.