A federal judge in San Francisco has temporarily blocked a portion of an executive order that threatens to withdraw funding from jurisdictions that limit cooperation between local law enforcement and federal immigration agents.
On Tuesday, US District Judge William Orrick granted an injunction request made by City of San Francisco and Santa Clara County, which sued the Trump Administration over the executive order targeting sanctuary cities.
The court’s order sides with the California jurisdictions, stating that the federal executive order and its application is overreaching constitutional rights. “Federal funding that bears no meaningful relationship to immigration enforcement cannot be threatened merely because a jurisdiction chooses an immigration enforcement strategy of which the President disapproves,” the order states.
To succeed in their motions, the Counties must show that they are likely to face immediate irreparable harm absent an injunction, that they are likely to succeed on the merits, and that the balance of harms and public interest weighs in their favor. The Counties have met this burden. They have demonstrated that they have standing to challenge the Order and are currently suffering irreparable harm, not only because the Order has caused and will cause them constitutional injuries by violating the separation of powers doctrine and depriving them of their Tenth and Fifth Amendment rights, but also because the Order has caused budget uncertainty by threatening to deprive the Counties of hundreds of millions of dollars in federal grants that support core services in their jurisdictions. They have established that they are likely to succeed on the merits of their claims and that the balance of harms and public interest decisively weigh in favor of an injunction.
The injunction will stay in place for the remainder of the legal battle.