Politics & Government

Judge Rules Trump Can’t Punish ‘Sanctuary Jurisdictions’ Like Oregon

A judge in San Francisco has ruled that the president cannot withhold federal funding in a way that violates the constitution.

SAN FRANCISCO, CA — A federal judge in San Francisco has ruled that President Donald Trump cannot punish so-called "sanctuary cities" in a way that violates the constitution.

Trump issued an executive order shortly after taking office that directed the Department of Justice and Homeland Security that cities and jurisdictions that don't comply with federal immigration laws are "not eligible to receive federal grants, except as deemed necessary for law enforcement purposes by the Attorney General or the Secretary."

Santa Clara County and the city of San Francisco had challenged this particular provision of the order.

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While Oregon is a sanctuary state by law, government officials in individual cities and counties have taken the extra step since the November 2016 election to formally designate their areas as sanctuaries, vowing not to work with federal immigration officials to arrest, detain, or deport undocumented immigrants based solely on their immigration status.

Washington County most notably has stirred the pot over this issue with Hillsboro and Beaverton declaring sanctuary while Forest Grove voted against the designation. Tigard officials are currently mulling over whether to make the designation.

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Officially, the designation doesn't really mean anything in Oregon. Emotionally, however, advocates say the designation establishes a sense of solidarity between the local governments and the immigrant community. Critics of the designation, however, say sanctuary cities put citizens at risk by allowing undocumented immigrants to essentially break the law with impunity.

U.S. District Judge William Orrick III wrote that the injunction does nothing more than "implement the effect of the Government's flawed interpretation of the Order." The injunction does not affect the ability of the Attorney General or the Homeland Security Secretary to enforce existing conditions of federal grants and neither does it impact the secretary's ability to develop regulations or guidance defining what a sanctuary jurisdiction is or designating a jurisdiction as such.

"It does prohibit the Government from exercising Section 9(a) in a way that violates the Constitution," Orrick wrote.

Patch Breaking News Editor Feroze Dhanoa contributed to this post.

Photo Courtesy: Travis Loose

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