Federal judge blocks Trump's sanctuary cities executive order

[Free Vulcan]

A federal judge on Tuesday blocked President Trump's sanctuary cities executive order.

San Francisco and Santa Clara County both won preliminary injunctions on Tuesday against Trumps' Jan. 25 executive order that moved to cut off federal funding from cities that limit their cooperation with federal immigration requests.

According to San Francisco-based U.S. District Judge William H. Orrick, the loss of funds would cause cities "to suffer irreparable harm absent an injunction."

Orrick also cited public comments from Trump and Attorney General Jeff Sessions, saying the two "erased" any "doubt about the scope of the order."

"The Constitution vests the spending power in Congress, not the president, so the order cannot constitutionally place new conditions on federal funds," Orrick wrote, calling the DOJ's arguments that it only wanted cities to show compliance with current immigration law "not legally plausible."

However, the federal government is still able to enforce existing conditions of federal grants and does not restrict it from "developing regulations or preparing guidance on designating a jurisdiction as a 'sanctuary jurisdiction,'" Orrick ruled...

Read more at: http://www.washingtonexaminer.com/federal-judge-blocks-trumps-sanctuary-cities-executive-order/article/2621249

[don-o]

Levin is talking about this.

[skeeter]

Levin is talking about this.

This judge is saying cities have the right to thumb their nose at the executive on the issue of national security, but the executive has no right to withhold grant money to cities.

... and the executive can write tax law, congress can force citizens to buy specific products, and the executive can normalize illegals... etc depending upon who the executive is.

Golly its nice to be able to interpret the laws any old way you feel like, precedent or even rationality be damned.

[mystery-ak]

Judges matter...

[Gov Bean Counter]

Attempting to withhold appropriated funds is a loser every time. Argueably a violation of the Impoundment Act.

[Maj. Bill Martin]

The legal handwriting was on the wall for this issue.  People should research what happened when the government tried to impound all highway funds for states that refused to comply with the 55 mph speed limit.  Eventually, the courts struck it down.  And a related issue (on the legislative side) was when ObamaCare tried to eliminate all Medicaid funds for states that refused to expand Medicaid.  That was struck down too.  Different rationale, but a similar impact.

He's going to have to find another way to pressure those states.  There are ways to do it if he has the cojones.  For example...announce that because ICE agents cannot get local government cooperation to get rid of criminal illegal aliens, it makes no sense to prioritize criminals, so ICE will just start deporting everyone here illegally, including DACA, in those states that refuse to cooperate with federal authorities.

When Dreamers start getting deported because of "sanctuary cities", maybe the tune will chance.

[Doug Loss]

The legal handwriting was on the wall for this issue.  People should research what happened when the government tried to impound all highway funds for states that refused to comply with the 55 mph speed limit.  Eventually, the courts struck it down.  And a related issue (on the legislative side) was when ObamaCare tried to eliminate all Medicaid funds for states that refused to expand Medicaid.  That was struck down too.  Different rationale, but a similar impact.

He's going to have to find another way to pressure those states.  There are ways to do it if he has the cojones.  For example...announce that because ICE agents cannot get local government cooperation to get rid of criminal illegal aliens, it makes no sense to prioritize criminals, so ICE will just start deporting everyone here illegally, including DACA, in those states that refuse to cooperate with federal authorities.

When Dreamers start getting deported because of "sanctuary cities", maybe the tune will chance.

How about prosecuting officials from those cities as "accessories after the fact" in the crimes that were committed?

[DiogenesLamp]

Attempting to withhold appropriated funds is a loser every time. Argueably a violation of the Impoundment Act.

By what constitutional authority does an act of Congress over rule a function of the executive branch? 

[Bigun]

The legal handwriting was on the wall for this issue.  People should research what happened when the government tried to impound all highway funds for states that refused to comply with the 55 mph speed limit.  Eventually, the courts struck it down.  And a related issue (on the legislative side) was when ObamaCare tried to eliminate all Medicaid funds for states that refused to expand Medicaid.  That was struck down too.  Different rationale, but a similar impact.

He's going to have to find another way to pressure those states.  There are ways to do it if he has the cojones.  For example...announce that because ICE agents cannot get local government cooperation to get rid of criminal illegal aliens, it makes no sense to prioritize criminals, so ICE will just start deporting everyone here illegally, including DACA, in those states that refuse to cooperate with federal authorities.

When Dreamers start getting deported because of "sanctuary cities", maybe the tune will chance.

But it was perfectly OK when Obama did it!

https://www.nytimes.com/2016/12/14/us/politics/obama-administration-planned-parenthood.html?_r=0

And this as well: http://articles.latimes.com/1986-05-29/news/mn-8085_1_speed-limit

http://ora.research.ucla.edu/Training%20Documents/web_workbook_jan-2010.pdf

[Bigun]

By what constitutional authority does an act of Congress over rule a function of the executive branch?

The exact same amount a court does!  ZERO!

[Free Vulcan]

But it was perfectly OK when Obama did it!

https://www.nytimes.com/2016/12/14/us/politics/obama-administration-planned-parenthood.html?_r=0

And this as well: http://articles.latimes.com/1986-05-29/news/mn-8085_1_speed-limit

http://ora.research.ucla.edu/Training%20Documents/web_workbook_jan-2010.pdf

Funny how that worked. He was challenged some on that but not enough, even though we won a number of those battles. But to the liberals that was high heresy. Now it's just fine.

[truth_seeker]

Well, Republicans have been running on cracking down on illegal immigration, for years and years.

So all Trump needs to do is call up Ryan and McConnell, and ask them for legislation, to accomplish the withholding.

Easy, right? Then when it doesn't go so well, just blame Trump, right?

Wait, did I miss the part of Republicans following through? That is right, they are too busy, what with recesses, vacations, etc.