Federal judge declares Trump admin blocking federal money from sanctuary cities unconstitutional

A federal judge in San Francisco blocked the Trump administration from withholding federal funds from “sanctuary” jurisdictions, claiming doing so would be unconstitutional.

U.S. District Judge William H. Orrick – who was nominated to the Northern District of California bench by former President Barack Obama – said that Trump’s executive orders instructing Attorney General Pam Bondi and Department of Homeland Security Secretary Kristi Noem to withhold federal funds from sanctuary cities and counties that do not cooperate with federal immigration law would violate the Constitution’s separation of powers principles and the Spending Clause. 

The judge said the orders violate the Fifth Amendment “to the extent they are unconstitutionally vague and violate due process.” Trump’s directives to withhold federal funding from sanctuary jurisdictions “also violate the Tenth Amendment because they impose coercive condition intended to commandeer local officials into enforcing federal immigration practices and law,” Orrick wrote.

“The Cities and Counties have also demonstrated a likelihood of irreparable harm,” the judge said. “The threat to withhold funding causes them irreparable injury in the form of budgetary uncertainty, deprivation of constitutional rights, and undermining trust between the Cities and Counties and the communities they serve.” 

In granting the preliminary injunction, Orrick wrote that “defendants and their officers, agents, servants, employees, and attorneys, and any other persons who are in active concert or participation with them ARE HEREBY RESTRAINED AND ENJOINED from directly or indirectly taking any action to withhold, freeze, or condition federal funds.” 

This is a developing story. Check back for updates.