California judge halts Trump’s executive order

A California judge has temporarily blocked a section of an executive order signed by President Donald Trump aiming to withhold federal funds from so-called "sanctuary cities."

U.S. District Judge William H. Orrick on April 25 granted a nationwide preliminary injunction sought by the local governments of San Francisco and Santa Clara County.

The counties claimed Trump's order was unconstitutional on several grounds, including a violation of the separation of powers doctrine by seeking to use congressional spending powers. They said Trump's order was "so overbroad and coercive" that even if Trump had spending powers, his order would exceed them and violate the 10th Amendment's commandeering prohibition.

San Francisco and Santa Clara County also claimed the order was in violation of the Fifth Amendment procedural due process requirements, because the executive order sought to eliminate congressionally allocated funds without giving jurisdictions notice or an opportunity to be heard.

Orrick said their arguments were likely to succeed on the merits of their challenge and that they "will suffer irreparable harm absent an injunction, and that the balance of harms and public interest weigh in their favor."

The judge's ruling said the court was not impeding Trump's administration from defining what is a sanctuary jurisdiction or labeling localities as such, nor was it stopping the government from using lawful means to enforce existing conditions for jurisdictions to receive federal grants.

The ruling also did not hinder the government's ability to enforce 8 U.S. Code Section 1373. That code says federal, state or local government entities or officials may not prohibit or restrict the exchange of information with federal immigration officers regarding the citizenship or immigration status of any individual.

The White House called the ruling an "egregious overreach by a single, unelected district judge" and expressed confidence in winning the battle in the Supreme Court.

"In the meantime, we will pursue all legal remedies to the sanctuary city threat that imperils our citizens, and continue our efforts to ramp up enforcement to remove the criminal and gang element from our country," the White House said in a statement.

In a tweet April 26, Trump highlighted another legal hurdle -- a court's block on a separate executive order that temporarily suspended travel from several nations in the Middle East and Africa.

"First the Ninth Circuit rules against the ban & now it hits again on sanctuary cities-both ridiculous rulings. See you in the Supreme Court!"

As a result of the court's order blocking the Trump administration's intent to withhold federal funds from "sanctuary cities," we rate this promise Stalled.