Judge: Trump overstepped in sanctuary city order
The battle between the Trump administration and so-called “sanctuary cities” appears bound for the U.S. Supreme Court after a federal appeals court declared unconstitutional the president’s executive order stripping funding from localities that don’t cooperate with federal immigration authorities.
The ruling was a mixed bag for the Trump administration, striking down the order while also lifting the nationwide ban against its implementation.
But 9th Circuit Court of Appeals Judge Sidney R. Thomas held in the 2-1 ruling that Trump overstepped his constitutional authority, reasoning that only Congress has the power to grant or deny funding — a power the president cannot circumvent.
“Here, the Administration has not even attempted to show that Congress authorized it to withdraw federal grant moneys from jurisdictions that do not agree with the current Administration’s immigration strategies,” Thomas wrote. “Nor could it. In fact, Congress has frequently considered and thus far rejected legislation accomplishing the goals of the Executive Order.”
Other cases out of Philadelphia and Chicago are also making their way through the courts and are likely bound for the U.S. Supreme Court — particularly if any appellate court rules in the administration’s favor, creating a circuit split.
Opponents of the order declared victory, as supporters said it still leaves the door open for Congress and the White House to take other steps to press states and local governments to cooperate with federal immigration authorities.
“Put simply, the president cannot use the threat of defunding as a weapon to force local governments to abandon politics that make their communities safer,” said Santa Clara County, Calif., Counsel James R. Williams.
Jessica M. Vaughan of the Center for Immigration Studies, which supports Trump’s order, said that it was good policy regardless of the court’s constitutional reasoning — and said other courts, including the Supreme Court, could see it differently.
“What would be better is for Congress to clarify,” Vaughan said. “But Congress can’t get out of its own way on anything, especially immigration-related matters.”
The vacancy on the high court, left by Justice Anthony Kennedy’s retirement this week, could delay a move by the justices to take up the case to avoid a potential 4-4 deadlock.
Trump’s nominee to replace Kennedy, Judge Brett Kavanaugh, likely won’t go before the Senate Judiciary Committee for a hearing until September, committee chairman Chuck Grassley (RIowa) said yesterday. That would put a vote on his confirmation some time in October — after the court’s new term has already commenced.