Federal appeals court considers ‘sanctuary city’ case
SAN FRANCISCO — A lawyer for the U.S. government asked a federal appeals court in San Francisco on Wednesday to overturn a nationwide injunction blocking enforcement of President Donald Trump’s executive order against so-called sanctuary cities.
The executive order, which Trump issued five days after taking office, said local governments that refuse to cooperate with federal immigration authorities were “not eligible for federal grants.”
During a hearing on the order, acting Assistant Attorney General Chad A. Readler told the 9th U.S. Circuit Court of Appeals that the directive imperiled only three grants, not massive funding, and that the injunction was premature and overly broad.
Readler pointed to the wording of Trump’s order, which directed it to be enforced “consistent with law.”
“That could hardly be a direct threat to take away all of your federal dollars,” Readler said.
A three-judge 9th Circuit panel of two Democratic appointees and one Republican are viewing the injunction issued last year by U.S. District Judge William H. Orrick III, a President Barack Obama appointee based in San Francisco.
Orrick decided in April 2017 that the sanctuary order was unconstitutional and could not be enforced nationwide.
Ninth Circuit Chief Judge Sidney R. Thomas, a President Bill Clinton appointee, appeared skeptical of the Trump administration’s position.
He noted during the hearing that Trump made “a lot of statements” showing he wanted to strip sanctuary jurisdictions of federal funding.
“I think the District Court was really relying on those statements,” Thomas said.
The case was brought by San Francisco and Santa Clara County, which feared they could lose massive amounts of money unless they refused to follow policies adopted by their local lawmakers.
They argued that Trump’s order violated the 10th Amendment’s protection of states from federal interference.
After they sued the Trump administration, Attorney General Jeff Sessions issued a memorandum specifying only three different law enforcement grants that sanctuary cities and counties risked losing.