Judge bars Trump from denying federal funds to ‘sanctuary’ cities
Litigation Reports
A federal judge in California on Thursday barred the Trump administration from denying or conditioning the use of federal funds to “sanctuary” jurisdictions, saying that portions of President Donald Trump’s executive orders were unconstitutional.
U.S. District Judge William Orrick issued the injunction sought by San Francisco and more than a dozen other municipalities that limit cooperation with federal immigration efforts.
Orrick wrote that defendants are prohibited “from directly or indirectly taking any action to withhold, freeze, or condition federal funds” and the administration must provide written notice of his order to all federal departments and agencies by Monday.
One executive order issued by Trump directs Attorney General Pam Bondi and Homeland Security Secretary Kristi Noem to withhold federal money to sanctuary jurisdictions. The second order directs every federal agency to ensure that payments to state and local governments do not “abet so-called ‘sanctuary’ policies that seek to shield illegal aliens from deportation.”
At a hearing Wednesday, Justice Department lawyers argued that it was much too early for the judge to grant an injunction when the government had not taken any action to withhold specific amounts or to lay out conditions on specific grants.
But Orrick, who was nominated by President Barack Obama, said this was essentially what government lawyers argued during Trump’s first term when the Republican issued a similar order.
“Their well-founded fear of enforcement is even stronger than it was in 2017,” Orrick wrote, citing the executive orders as well as directives from Bondi, other federal agencies and Justice Department lawsuits filed against Chicago and New York.
San Francisco successfully challenged the 2017 Trump order and the 9th U.S. Circuit Court of Appeals agreed with the lower court that the president exceeded his authority when he signed an executive order threatening to cut funding for “sanctuary cities.”
There is no strict definition for sanctuary policies or sanctuary cities, but the terms generally describe limited cooperation with Immigration and Customs Enforcement. ICE enforces immigration laws nationwide but seeks state and local help in alerting federal authorities of immigrants wanted for deportation and holding that person until federal officers take custody.
Leaders of sanctuary jurisdictions say their communities are safer because immigrants feel they can communicate with local police without fear of deportation. It is also a way for municipalities to focus their dollars on crime locally, they say.
Besides San Francisco and Santa Clara County, which includes a third plaintiff, the city of San José, there are 13 other plaintiffs in the lawsuit, which include Seattle and King County, Washington; Portland, Oregon; Minneapolis and St. Paul, Minnesota; New Haven, Connecticut; and Santa Fe, New Mexico.
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USCIS to Continue Implementing New Policy Memorandum on Notices to Appear
U.S. Citizenship and Immigration Services (USCIS) is continuing to implement the June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 140 KB).
USCIS may issue NTAs as described below based on denials of I-914/I-914A, Application for T Nonimmigrant Status; I-918/I-918A, Petition for U Nonimmigrant Status; I-360, Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile Status petitions); I-730, Refugee/Asylee Relative Petitions when the beneficiary is present in the US; I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; and I-485 Application to Register Permanent Residence or Adjust Status (with the underlying form types listed above).
If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.