San Francisco Judge Blocks Trump's Sanctuary City Order

Tyler Durden's picture

To our complete 'shock,' a federal judge in San Francisco has just blocked Trump's Executive Order intended to withhold funding from communities that limit cooperation with U.S. immigration authorities.  The basis of the finding is that only Congress, not the president, has authority to attach new conditions to federal spending.

"The Constitution vests the spending powers in Congress, not the President, so the Order cannot constitutionally place new conditions on federal funds. Further, the Tenth Amendment requires that conditions on federal funds be unambiguous and timely made; that they  bear some relation to the funds at issue; and that the total financial incentive not be coercive. Federal funding that bears no meaningful relationship to immigration enforcement cannot be threatened merely because a jurisdiction chooses an immigration enforcement strategy of which the President disapproves."

U.S. District Judge William Orrick, an Obama appointee, issued the temporary ruling moments ago after San Francisco and Santa Clara County argued that it threatened billions of dollars in federal funding. The decision will stay in place while the lawsuit moves through court.

Ironically, an attorney for the Justice Department, Chad Readler, downplayed the usefulness of the Executive Order admitting at a recent court hearing that it only applied to three Justice Department and Homeland Security Department grants that amounted to less than $1 million nationally and possibly no San Francisco funding at all. 

Meanwhile, for the first time we learn that the DOJ, at oral argument, also contended the sanctuary cities EO was toothless--merely an exercise of Trump's "bully pulpit" to "encourage communities and states to comply with the law."

But, Judge Orrick disagreed with the scope of the Executive Order saying that it attempts to "to reach all federal grants, not merely the three mentioned at the hearing."

It is heartening that the Government’s lawyers recognize that the Order cannot do more constitutionally than enforce existing law. But Section 9(a), by its plain language, attempts to  reach all federal grants, not merely the three mentioned at the hearing. The rest of the Order is  broader still, addressing all federal funding. And if there was doubt about the scope of the Order, the President and Attorney General have erased it with their public comments. The President has called it “a weapon” to use against jurisdictions that disagree with his preferred policies of immigration enforcement, and his press secretary has reiterated that the President intends to ensure that “counties and other institutions that remain sanctuary cites don’t get federal government funding in compliance with the executive order.” The Attorney General has warned that  jurisdictions that do not comply with Section 1373 would suffer “withholding grants, termination of grants, and disbarment or ineligibility for future grants,” and the “claw back” of any funds previously awarded. Section 9(a) is not reasonably susceptible to the new, narrow interpretation offered at the hearing.

...and apparently Judge Orrick didn't think the DOJ's arguments were even "legally plausible."

So, if the DOJ believes that the scope of the Executive Order would only impact $1mm in federal funding and was "merely an exercise of Trump's 'bully pulpit', then we have to wonder whether the whole thing was just a charade to avoid more "flip-flopping" accusations?  What say you?

Here is the full order:

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wren's picture

Fire California. No, not the judge. They want to be their own country and play by different rules, so be it. Go forth and prosper.

I'm done with the liberals. If they think they can do it better, let them. We can consider helping them out when they come crawling back begging for help!

Angry White Guy's picture

You serious?  Fuck them.  When they come crawling back for 'help' - I'm inclined to curb check them.

HooRAY4rSIDE's picture

SF doesn't even need to worry about 'immigrants' ~ it has it's own natives from Oakland to contend with

 

 

BART takeover robbery: 40 to 60 teens swarm train, hold up riders

 

http://www.sfchronicle.com/crime/article/BART-takeover-robbery-50-to-60-...

 

BART police are beefing up patrols at Oakland stations after dozens of juveniles terrorized riders Saturday night when they invaded the Coliseum Station and commandeered at least one train car, forcing passengers to hand over bags and cell phones and leaving at least two with head injuries.

The incident occurred around 9:30 p.m. Saturday. Witnesses told police that 40 to 60 juveniles flooded the station, jumped the fare gates and rushed to the second-story train platform. Some of the robbers apparently held open the doors of a Dublin-bound train car while others streamed inside, confronting and robbing and in some cases beating riders.

 

-----

 

Oh wait! the SF Chronicle, or CBS news forgot to mention that all of the 'juvenile teens' were black

847328_3527's picture

Sorry, I didn't see you post and re-posted this strory above. One amazing aspect is thow these trayvons are not even described by the MSM. Race is mentioned no where. And these "juveniles" are 6'2" tall and 225 lbs, not the tender little "teens" they try to pretnet they were. Beatin gwomen, children and inncoent people is so disgusting; sadly our justice is very broken. Most of these attackers will never see one day in jail.

Bigly's picture

Not one bernie getz in the lot of them.

Those commies are just fish in a barrel

krispkritter's picture

Tine to start culling the 'wildlife'.  When 5-10 of those riders open up and start dropping the chimpouts, this shit will end.  In the 'Age of Obama', these thugs weren't prosecuted or were labeled 'victims' if they were repelled/killed.  At some point this mindset of the last 8 years will start to wane and the resulting bloodshed will show just how fed up law abiding citizens are with this lawlessness and brutality.  It's gonna come to a point eventually, where the lawlessness will be met with force and you probably won't find a Grand Jury willing to indict, let alone a jury to convict.  That 13% is gonna shrink more and more.  As far as MS13 or other gangs, just lift the restrictions on the 'upgraded' POPO and have a field day.  Then take away the military toys and let's back to a civilized society. Wishful thinking, but I'm guessing at least a portion of this will happen.

SomethingSomethingDarkSide's picture

They'll be broke and annexed in no time, not worth giving up the coastline for defense.

Honestly, California's geographic location is the only reason worth keeping them.

If Missouri pulled this shit they'd be out in a heartbeat.

wren's picture

Alright, drop them to territory status for a bit only with zero federal dollars and no right to speak.

SomethingSomethingDarkSide's picture

I'll allow them to speak in exchange for weekly nationally televised baby powder dope slaps of Pelosi and Feinstein.

HooRAY4rSIDE's picture

Wait until "THE BIG ONE" hits & they're crying for help ~ then ditch their asses & grant them their wish to secede.

 

Give the people Spielberg, Zuckerberg, Larry Ellison, & the Google & Apple Inc. numbers as a help HOTLINE ~ they'll all be steamin' to Tel Aviv on thier yachts.

treefeller's picture

Didn't Bam do that to Alabama after those two twisters followed the same path a couple of years back. Basically witheld fed money and basically said it was not that big a problem and that they could go it alone?

 

SWRichmond's picture

Agree.  Kick them out, let them go commie, let them invite in the Chinese, then invade and go carpetbagger on them.  Balance the budget for a few years with seizures of Kali property.

Yes that is how much I hate California.

undertow1141's picture

10 million Conservative voters in CA just need real military weaponry and backing that wouldn't prosecute or come after us so we could push the liberal shit into the ocean. 

D Nyle's picture

As long as Liberals are getting Robbed, Raped and Killed, I see no problem with Sancuary Cities

Peak Finance's picture

Dear Judges, 

Hey, can we just get a complete list of ALL the federal laws that simply don't apply anymore or can be safly ignored?

I mean it would save everyone a lot of time. 

Thanks!

bowie28's picture

The list is already available.  Actually it is two lists:

Laws that can be ignored by politicians, TBTF bankers and other elites: ALL

Laws that can be ignored by normal taxpaying citizens: NONE

 

hotrod's picture

So the Sanctuary order was bullshit to begin with.     ahahahahlaololololol  

krispkritter's picture

Hopefully the Cali liberals like the Lincoln Theater.  Balcony seat Sir?  Enjoy the play!

Winston Churchill's picture

A Judge upholding the right to defy an existing law ?

Open season on all laws in that case.

He knows not what he does.

Lost in translation's picture

Yep. Welcome to the world of anything goes.

Decide what laws to follow for yourself, folks. This falsely so-called "judge" is your role model.

Tallest Skil's picture

He knows exactly what he does, and now he can be executed for treason. Fuck them all. I hope that everyone who thinks like these lunatics do DOES come out of the woodwork and expose themselves publicly. Fucking END them all. I'm done trying to reason with those who've abandoned it. Laws exist. Period. It's high time that liberals understood that if they bite the hand that feeds them, they'll be smacked down by it.

Winston Churchill's picture

Unless you pick up a gun and start using it, nothing changes.

Not that I'm inciting that (for our nsa watchers),just stating the obvious.

Power grows from the barrel of a gun, its use, not armchair warroiring..

Rellorellin's picture

Exactly what went through my mind. This is Federal Law. You don't get to pick and choose which law you follow. If you don't like the law, change it. A Judge's main responsibility is to uphold existing laws. Which he swore to uphold. This is a dereliction of his duties as a judge. What kind of ass wipes do we have working for this DOJ. Holder and Lynch got things passed at will.

Francis Marx's picture

im confused, cant trump just send in the Feds to arrest the judge or send the military to arrest?

Winston Churchill's picture

Black bag him under NADA.

Will match his robes.

JustPrintMoreDuh's picture

Can't believe this shit show hasn't yet utterly/completely/& finally collapsed under its own bloat/greed/stupidity/immorality ... 

krispkritter's picture

Tick Tock Bitchez...(fingers crossed anyways)

Old Pecksniff's picture

This is sedition.  It is a felony to aid and encourage illegal aliens to remain in the country. 

tilon's picture

Check and balances ,Trump racist is not a king .

So take that Trumpers LOL LOL

TAALR Swift's picture

Pres. Trump and GA Sessions both lack courage to do the right thing. They are too scared to use force, lest it affect Wall St algos. Co-President Kushner said so, after closed-door discussions with GS executives at 666 5th Ave.

Trump and Sessions act only on Advanced Guidance from their political masters. Anything that favors Wall St, big corporations, the military and a few special interest groups is fine. All else is subject to change, at the speed of of a JK FLip-Flop.

_ConanTheLibertarian_'s picture

This judge should get a phone call: you're fired.

hotrod's picture

So this was a HOLLOW EO to start with.  Why get upset at the Judge.  Looks like Trump tried to give us the Schlong anyway.  Hell I thought it was outright defunding of all of them.  Guess I did not read it first.

bowie28's picture

I don't know the mechanics of how federal aid works but I would think there must be some procedural games the Trump admin could play to at least make life difficult for these cities even if some judge issues a ruling like this.  Are the payments issued by Treasury?  Couldn't they quietly be instructed to "forget" to process the payments or find some problem in the paperwork that was submitted and reject it?  Then drag their feet indefinitely or claim it needs further review to ensure there are no national security threats involved like the gov does with most FOIA requests? Force the states to take it to court which could take months or years to resolve. Trump knew how to squeeze subcontractors and vendors if they didn't perform to the standards he expected so why not apply some of those tactics here?

I have to believe this is possible and maybe the EO is just for show so DT can say he delivered on his promise but some shitty judge foiled his plan.  Just theater kind of like all the Congressional and Senate hearings that provide lots of drama but NEVER lead to a single indictment.

 

torabora's picture

I'd lock this 'judge' out of his office. Trump had better get it in gear.

You let this fucking judge decide how money gets disbursed the next thing hes gonna be setting his price.

ToSoft4Truth's picture

"Trump had better get it in gear."

 

Trump is clearly in gear, don't be so naive.  You are embarrassing America in front of the Canadian posters.   

chosen's picture

That black moslem female judge had the right idea, the one who drowned herself in some river back East.

Lost in translation's picture

Lotsa' blood gonna' flow in AmeriKa.

Either the blood of citizens being put to death by invaders, or the blood of State terrorists abusing We The People.

Riquin's picture

Inside one of these sanctuary places you can rape, deal on drugs, probably avoid taxes, it is basically free for all , come ilegally from any country in the world. I never imagine something like this in country like ours!!! 

dvfco's picture

You can only do those things in Sanctuary Cities - if you are not an American Citizen.

If you're like, 3rd generation Irish American - you're fucked - just like everywhere else in the country.

hotrod's picture

Damn I thought the EO was a total DEFUNDING OF SANCTUARY CITIES.  Glad this issue came up so we find out it was BS.  Was going to put a feather in Trumps cap.

Blankone's picture

Kinda like the old "You got punked" it's you got Trumped. Cleaver little zionist, this one is.

His staunch supporters have been very stubborn, at least at first, but some are starting to see they were played.

Trump is their man and he is going to do real damage during his term with no intention of reelection. He will make Bush and Obama look like children.

torabora's picture

Can't Trump lay off all the air traffic controllers in California because there MIGHT be an illegal alien on a flight?

TePikoElPozo's picture

yesterday on the morning news in california,

nothing but "TRUMP IS DEPORTING THOUSANDS OF INNOCENT ILLEGAL IMMIGRANTS"

 

today on the morning news in california, 

nothing but "AGRICULTURE CAN'T FIND ENOUGH CHEAP LABOR"

 

tomorrow on the morning news in california,

nothing but "AMNESTY UP THE ASS"

 

 

read 'em and weep, bitchez

GunnyG's picture

Judge Orrick, along with a lot of other unelected black-robed bastards, needs a long drop on a short rope.

gumby1129's picture

Can't have that now. Judge Orrick runs the country now. We can only do what he wishes. I don't understand why they don't check with him before doing EO's or passing laws. Save a lot of time and trouble.

esum's picture

DOES A DISTRICT JUDGE HAVE AUTHORITY/jourisdiction COUNTRY WIDE ... OR JUST IN THEIR DISTRICT....

and expediteit to the Supremes... put these libtard judges in their place.... 

 

 

In.Sip.ient's picture

Hmmm... so judges can decide where taxpayers money

gets spent/or not??? 

 

Thought that was sort of a Congress

type thing.