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U.S. NEWS Thursday 2 augusT 2018
Court strikes down Trump push to cut 'sanctuary city' funds

By SUDHIN THANAWALA The Trump administration
SAN FRANCISCO (AP) — A said the order applied to a
divided U.S. appeals court relatively small pot of mon-
on Wednesday struck down ey that already required
a key part of President Don- compliance with the immi-
ald Trump's contentious ef- gration law.
fort to crack down on cities "When a president over-
and states that limit coop- reaches and tries to assert
eration with immigration of- authority he doesn't have
ficials, saying an executive under the Constitution,
order threatening to cut there needs to be a check
funding for "sanctuary cit- on that power grab," San
ies" was unconstitutional. Francisco City Attorney
In a 2-1 decision, the 9th Dennis Herrera said in a
U.S. Circuit Court of Ap- statement Wednesday.
peals agreed with a lower "The courts did that today,
court that the order ex- which is exactly what the
ceeded the president's framers of the Constitution
authority. Congress alone had in mind."
controls spending under In this June 26, 2017, file photo, Lydia Balderas, left, and Merced Leyua, right, join others as they Santa Clara County Coun-
the U.S. Constitution, and protest against a new sanctuary cities bill outside the federal courthouse in San Antonio. sel James R. Williams said
presidents do not have the Associated Press the decision was a victory
power to withhold funding for a key provision of the
it approves to pursue their ing criminal aliens off the The executive order direct- the president lacked the U.S. Constitution.
policy goals, the court ma- streets," he said. ed the attorney general authority to attach new In a colorful dissenting
jority said. The decision overall is a and secretary of Homeland conditions to spending ap- opinion, 9th Circuit Judge
"By its plain terms, the ex- big win for opponents of Security to ensure that juris- proved by Congress. Ferdinand Fernandez said
ecutive order directs the the executive order, but dictions refusing to com- The executive order poten- the executive order clearly
agencies of the executive Trump could try to en- ply with a particular immi- tially jeopardized hundreds says any action by the at-
branch to withhold funds force it against jurisdictions gration law generally are of millions of dollars in fund- torney general or Home-
appropriated by Congress outside the nine Western not eligible to receive U.S. ing to the San Francisco land Security secretary was
in order to further the ad- states covered by the 9th grants. and Santa Clara counties, to be taken in accordance
ministration's policy objec- Circuit, said David Levine, U.S. District Judge William Orrick said, citing com- with the law. He said Orrick
tive of punishing cities and an expert on federal court Orrick in San Francisco ments by Trump and U.S. had pushed that language
counties that adopt so- procedure at the University ruled in November that Attorney General Jeff Ses- aside and called the coun-
called 'sanctuary' policies," of California, Hastings, Col- the order threatened all sions as evidence of the or- ties' fears about the order
wrote Chief Judge Sidney lege of Law. federal funding and that der's scope. an "imagined beast."q
Thomas, joined by Judge "If they wanted to go after
Ronald Gould. Chicago, if they wanted to
The court, however, also go after Denver or Phila-
said the lower-court judge delphia, they would not
went too far when he be bound by an injunc-
blocked enforcement of tion," he said. "Those places
Trump's order nationwide would have to bring their
after a lawsuit from two own lawsuits and whatever
California counties — San happens, happens in those
Francisco and Santa Clara. cases."
Thomas said there wasn't Trump signed the execu-
enough evidence to sup- tive order in January 2017
port it, limited the injunc- — part of a push by his
tion to California and sent administration to go after
the case back to the lower cities and states that don't
court for more arguments work with U.S. immigration
on whether a wider ban authorities.
was warranted. The government also has
Devin O'Malley, a spokes- moved to withhold a par-
man for the U.S. Justice De- ticular law enforcement
partment, called the ruling grant from sanctuary juris-
a victory for "criminal aliens dictions and sued Califor-
in California, who can con- nia over three laws that ex-
tinue to commit crimes tend protections to people
knowing that the state's in the country illegally.
leadership will protect The Trump administra-
them from federal immigra- tion says sanctuary cities
tion officers whose job it is and states allow danger-
to hold them accountable ous criminals back on the
and remove them from the street. San Francisco and
country." other sanctuary cities say
"The Justice Department turning local police into im-
remains committed to the migration officers erodes
rule of law, to protecting the trust needed to get
public safety, and to keep- people to report crime.