Federal Judge Rules Trump Defunding Sanctuary Cities ‘Unconstitutional on Its Face’

Olivia Beavers, The Hill, November 20, 2017

“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,” U.S. District Judge William Orrick ruled.

The injunction comes after Orrick issued a temporary ruling in late April that blocked Trump’s directive to withhold some federal funding from cities that refuse to comply fully with immigration enforcement, siding with San Francisco and Santa Clara County.

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Orrick, who was appointed by former President Obama, made his April decision permanent on Monday.

The Department of Justice slammed the decision in a statement, claiming the court overstepped its authority.

“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 spokesman Devin O’Malley.

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