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Judge Blocks Sanctuary City Order      04/26 06:21

   In a ruling on Tuesday, U.S. District Judge William Orrick quoted Trump to 
support his decision to block the president's order to withhold funding from 
"sanctuary cities" that do not cooperate with U.S. immigration officials.

   SAN FRANCISCO (AP) -- For the third time in two months, a federal judge has 
knocked down an immigration order by President Donald Trump and used Trump's 
own language against him.

   In a ruling on Tuesday, U.S. District Judge William Orrick quoted Trump to 
support his decision to block the president's order to withhold funding from 
"sanctuary cities" that do not cooperate with U.S. immigration officials.

   Trump called the sanctuary cities order a "weapon" against communities that 
disagree with his preferred immigration policy, Orrick said. The judge also 
cited a February interview in which he said the president threatened to cut off 
funding to California, saying the state "in many ways is out of control."

   The first comment was evidence that the administration intended the 
executive order to apply broadly to all sorts of federal funding, and not a 
relatively small pot of grant money as the Department of Justice had argued, 
the judge said.

   The second statement showed the two California governments that sued to 
block the order --- San Francisco and Santa Clara County --- had good reason to 
believe they would be targeted, Orrick said.

   Orrick's ruling was another immigration policy setback for the 
administration as it approaches its 100th day in office later this month. The 
sanctuary city order was among a flurry of immigration measures Trump signed in 
January, including a ban on travelers from seven Muslim-majority countries and 
a directive calling for a wall on the Mexican border.

   Trump's words were also cited by federal judges in Maryland and Hawaii, who 
last month blocked his revised ban on new visas for people from six 
Muslim-majority countries. U.S. District Judge Derrick Watson in Hawaii and 
U.S. District Judge Theodore Chuang in Maryland said comments by Trump 
supported the allegation that the ban was aimed at Muslims.

   Orrick's preliminary injunction against the sanctuary cities order will stay 
in place while the lawsuits by San Francisco and Santa Clara work their way 
through court.

   The government hasn't cut off any money yet or declared any communities 
sanctuary cities. But the Justice Department sent letters last week advising 
communities to prove they are in compliance. California was informed it could 
lose $18.2 million.

   Orrick said Trump cannot set new conditions on spending approved by Congress.

   Even if the president could do so, those conditions would have to be clearly 
related to the funds at issue and not coercive, as the executive order appeared 
to be, Orrick said.

   White House chief of staff Reince Priebus described the ruling as another 
example of the "9th Circuit going bananas."

   The administration has often criticized the 9th U.S. Circuit Court of 
Appeals. Orrick does not sit on that court but his district is in the territory 
of the appeals court, which has ruled against one version of Trump's travel ban.

   "The idea that an agency can't put in some reasonable restriction on how 
some of these moneys are spent is something that will be overturned eventually, 
and we will win at the Supreme Court level at some point," Priebus said.

   The Trump administration says sanctuary cities allow dangerous criminals 
back on the street and that the order is needed to keep the country safe. San 
Francisco and other sanctuary cities say turning local police into immigration 
officers erodes the trust that is needed to get people to report crime.

   San Francisco City Attorney Dennis Herrera praised the ruling and said the 
president was "forced to back down."

   "This is why we have courts --- to halt the overreach of a president and an 
attorney general who either don't understand the Constitution or chose to 
ignore it," Herrera said in a statement.


(KA)

 
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