San Francisco Judge Blocks Trump’s Sanctuary City Order

Sanctuary cityU.S. District Court Judge William Orrick III issued a permanent injunction Monday against President Donald Trump’s executive order directing that federal funds be withheld from “sanctuary city” jurisdictions.

The original order, issued January 25, aimed to “Ensure that jurisdictions that fail to comply with applicable Federal law do not receive Federal funds, except as mandated by law.”

San Francisco and Santa Clara County challenged the order, which Orrick blockedtemporarily in April on the grounds that it was too broad and infringed on the powers of the legislative branch to control federal spending.

In response, Attorney General Jeff Sessions issued a memorandum clarifying the Department of Justice’s interpretation of the order, stipulating that the federal funds to be withheld would be limited to discretionary grants from the department to local law enforcement authorities.

But the judge said in July that memorandum was not enough to stop other agencies from interpreting the executive order in a broader sense, and that the memorandum could easily be withdrawn.

In his ruling on Monday, Judge Orrick said:

[E]ven if the President had spending powers, the Executive Order would clearly exceed them and violate the Tenth Amendment’s prohibition against commandeering local jurisdictions. It is so vague and standardless that it violates the Fifth Amendment’s Due Process Clause and is void for vagueness. And because it seeks to deprive local jurisdictions of congressionally allocated funds without any notice or opportunity to be heard, it violates the procedural due process requirements of the Fifth Amendment.

The Trump administration has already appealed Orrick’s original, temporary order to the Ninth Circuit Court of Appeals.

Congress could also enforce President Trump’s policy simply by enacting legislation to deny federal funding to sanctuary cities — assuming Orrick’s 10th Amendment concerns about commandeering are overcome.

Proponents of sanctuary cities celebrated Monday’s ruling, while opponents remain incredulous that any part of the United States could defy federal immigration law under the protection of the courts.

A spokesperson for the Department of Justice told Breitbart News: “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.”

Joel B. Pollak is Senior Editor-at-Large at Breitbart News. He was named one of the “most influential” people in news media in 2016. He is the co-author of How Trump Won: The Inside Story of a Revolution, is available from Regnery. Follow him on Twitter at @joelpollak.

Ian Mason contributed to this story.

This article was originally published by Breitbart.com/California

Texas governor signs ban on so-called ‘sanctuary cities’

As reported by the Associated Press:

AUSTIN, Texas — Texas Gov. Greg Abbott on Sunday night signed what he calls a ban on so-called “sanctuary cities” that allows police to ask about a person’s immigration status and threatens sheriffs with jail if they don’t cooperate with federal authorities. He did so over intense opposition from immigrant-rights groups and Democrats, who say the law echoes Arizona’s immigration crackdown in 2010 that prompted national controversy and lawsuits.

Abbott, a Republican in his first term, took the unusual step of signing the bill on Facebook with no public notice in advance. He said Texas residents expect lawmakers to “keep us safe” and said similar laws have already been tested in federal court, where opponents have said the bill likely will be immediately challenged.

“Let’s face it, the reason why so many people come to America is because we are a nation of laws and Texas is doing its part to keep it that way,” Abbott said. His spokesman, John Wittman, later said they chose to sign the bill on a Facebook livestream because that’s “where most people are getting their news nowadays.”

The bill cleared a final hurdle this week in the Republican-controlled Legislature over objections from Democrats and immigrant rights supporters who’ve packed the Texas Capitol. They call it a “show-me-your-papers” measure that will be used to discriminate against Latinos. …

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