Judge nears decision in lawsuit to stop executive order for sanctuary cities

A federal judge will soon decide if the Trump administration can legally withhold federal funds from cities who limit their cooperation with immigration officials. San Francisco and Santa Clara County are spearheading a lawsuit asking for a preliminary injunction.

"Donald Trump has tried to move forward with illegal and unconstitutional moves against sanctuary jurisdictions," said David Chiu, San Francisco City Attorney. 

What we know:

In U.S. District Court on Wednesday, attorneys from San Francisco and Santa Clara County argued for an injunction filed in March. They say a Trump executive order targets cities that limit their cooperation with immigration authorities.

"We’re very pleased with what we heard from the judge today. I think he understands a number of things. First of all, these were issues that were litigated eight years ago. The federal district court and the 9th circuit found that what the Trump administration was trying to do was unconstitutional and illegal," said Chiu. 

Chiu said research shows that sanctuary cities improve overall public safety because people feel safe to interact with law enforcement, regardless of their immigration status. Still, the Trump administration plans to withhold federal funds from sanctuary cities that don’t comply with his immigration agenda. Tony LoPresti is counsel from Santa Clara County.

"For us, that’s over 30% of our budget. That’s $3.6 billion that we are not in a position to lose. None of these local governments are in a position to lose these funds," said Tony LoPresti, Santa Clara County counsel. 

The U.S. Justice Dept. attorney argued Wednesday that the administration has yet to withhold any funds.

"The Trump administration wants that cooperation so that all of these local law enforcement organizations will help them find people who might potentially be up for detention and deportation," said Melissa Michelson, Menlo College Political Science. 

Fourteen cities around the country have joined the lawsuit: 

  • Emeryville, California
  • King County, Washington
  • Monterey County, California
  • Minneapolis, Minnesota
  • New Haven, Connecticut
  • Oakland, California
  • Portland, Oregon
  • St. Paul, Minnesota
  • City of Sacramento, California
  • City of San Diego, California
  • San José, California
  • City of Santa Cruz, California
  • Santa Fe, New Mexico
  • Seattle, Washington

What's next:

During the first Trump administration, San Francisco and the County of Santa Clara sued the federal government after the administration tried to withhold federal funds based on their sanctuary policies.

"This is very serious. We’re very pleased with what we heard from the judge, that it’s likely that he’ll be issuing an order in our favor at this stage of the case," said Chiu. 

Collectively, the cities in this lawsuit represent nearly 10 million residents. The City of San Francisco also stands to lose $3 billion in federal funding if the executive order is allowed to stand. 

Attorneys say they're expecting the judge's decision in the coming months. 

The Source: Santa Clara County, City of San Francisco, San Francisco Chronicle 

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