Federal appeals court says Donald Trump’s order against sanctuary cities is unconstitutional

President Donald Trump's executive order to withhold federal funds from so-called "sanctuary cities" violates the Constitution's separation of powers principle, said a federal appeals court as it sided with a lower court's determination.

Under the Constitution, spending power rests with Congress. Without congressional authorization, the Trump administration "may not redistribute or withhold properly appropriated funds" in order to carry out its own policy goals, said the opinion written by Ninth U.S. Circuit Court of Appeals Chief Judge Sidney R. Thomas. The case was decided 2-1 on Aug. 1.

"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. Nor could it," Thomas wrote. "In fact, Congress has frequently considered and thus far rejected legislation accomplishing the goals of the executive order."

The ruling is a setback for Trump's attempt to cut federal funding for municipalities that don't embrace his immigration approach. Trump contends that jurisdictions ultimately endanger the general public if they follow "sanctuary" policies that limit their assistance to federal immigration officers in the apprehension and deportation of immigrants in the country illegally.

His executive order sought to restrict federal funds from municipalities that the administration determined as noncompliant with a section of law related to cooperation with federal immigration officers.

San Francisco and Santa Clara, Calif., challenged Trump's order. The federal appeals court said it agreed on an injunction on the order's effect in California, but "the record as presently developed does not justify a nationwide injunction." The appeals court sent the case back to the district court for reconsideration and further findings.

Trump's executive order faces legal obstacles, but his promise to cut federal funding from sanctuary cities retains support from some lawmakers who have introduced a bill toward this goal. Despite the legal setback, we continue to rate this promise as In the Works.