Santa Clara County, California filed a motion seeking a nationwide court injunction on the president’s sanctuary executive order (EO), which threatens to withhold federal funds from local governments that prohibit communications with ICE. The county sued the Trump Administration earlier in the month alleging the sanctuary sanctions are unconstitutional.

On January 25th, the president issued an EO saying “the Attorney General and the Secretary, in their discretion and to the extent consistent with law, shall ensure that jurisdictions that willfully refuse to comply with 8 U.S.C. 1373 (sanctuary jurisdictions) are not eligible to receive Federal grants, except as deemed necessary for law enforcement purposes by the Attorney General or the Secretary.  The Secretary has the authority to designate, in his discretion and to the extent consistent with law, a jurisdiction as a sanctuary jurisdiction.  The Attorney General shall take appropriate enforcement action against any entity that violates 8 U.S.C. 1373, or which has in effect a statute, policy, or practice that prevents or hinders the enforcement of Federal law.”

The county’s lawsuit alleges the EO’s sanctuary provisions are unconstitutional because they infringe on state sovereignty and require a unilateral change to the terms of federal-local funding agreements. The county receives about $1.7 billion in federal funds each year. The injunction motion states "The Executive Order has thrown the county's current budgetary and planning processes into disarray," and should be blocked while the merits of the case are decided.

A hearing is scheduled before Judge William Orrick in San Francisco on April 5. The judge is also hearing a related suit brought by San Francisco. The Trump Administration has not named Santa Clara County or San Francisco as sanctuary jurisdictions subject to the EO so they may have difficulty obtaining standing in the matter.

Read more in the Los Angeles Times.

sanctuary cities
state policies
Interior Enforcement

Updated: Fri, Mar 10th 2017 @ 1:45pm EST