Another Smackdown: Federal Court Judge Rules Trump’s Sanctuary Cities Order is “Clearly Unconstitutional”

trump's sanctuary cities order
Another Smackdown: Federal Court Judge Rules Trump’s Sanctuary Cities Order is “Unconstitutional” [Photo Credit: Donkey Hotey]
A federal judge in San Francisco ruled that Donald Trump’s sanctuary cities order threatening to pull funding from these jurisdictions is unconstitutional, the Wall Street Journal reports.

“Sanctuary policies vary, but they all limit in some way cooperation with federal immigration enforcement.”

The New York Times said it’s “another setback for President Trump in what is shaping up to be a long season of litigation surrounding the clash between the White House and so-called sanctuary cities.”

U.S. District Court Judge William Orrick, who was appointed by President Obama, said that the jurisdictions successfully proved that are likely to face immediate, irreparable harm absent from court action as a result of Trump’s executive order.

He said the executive order threatens to “deprive the counties of hundreds of millions of dollars in federal grants that support core services” and could create budget uncertainty.

Orrick said Trump’s order violates the constitutional separation of powers, the Fifth Amendment right to due process, Tenth Amendment prohibition on commandeering local jurisdictions to carry out federal law. He wrote, “The Constitution vests the spending powers in Congress, not the President, so the Order cannot constitutionally place new conditions on federal funds.”

Um, Donald Trump is 0-3 in the courts. His first Muslim ban, which led to massive protests at airports in several U.S. cities and his revised ban were blocked by federal court judges.

Rep. Elijah Cummings issued a statement: