President Trump’s executive order with regard to withholding federal funds from the so-called sanctuary city jurisdictions was issued a permanent injunction on Monday by U.S. District Court Judge William Orrick III. The original exec-order was issued earlier this year, on January 25th and it was aimed at, let me quote:
Ensure that jurisdictions that fail to comply with applicable Federal law do not receive Federal funds, except as mandated by law.
Both Santa Clara county and San Francisco challenged the order. Judge William Orrick III issued a first ruling in April, which temporarily blocked it, claiming that the order was too broad and also it infringed on the legislative branch’s power to control federal spending. A memorandum was issued by Trump’s Attorney General Jeff Session, which clarified the DoJ’s interpretation of the executive order, yet Judge William Orrick III said back in July the memorandum was not enough, whatever. In his last ruling, Judge William Orrick III has argued:
[E]ven if the President had spending powers, the Executive Order would clearly exceed them and violate the Tenth Amendment’s prohibition against commandeering local jurisdictions. It is so vague and standardless that it violates the Fifth Amendment’s Due Process Clause and is void for vagueness. And because it seeks to deprive local jurisdictions of congressionally allocated funds without any notice or opportunity to be heard, it violates the procedural due process requirements of the Fifth Amendment.
The White House has already appealed the original (temporary) order to the Ninth Circuit. President Trump’s exec-order could be easily enforced by the Congress via policy, i.e. by simply enacting legislation that would deny sanctuary jurisdictions from receiving federal funding. As per a DoJ spokesperson, let me quote:
The District Court exceeded its authority today when it barred the President from instructing his cabinet members to enforce existing law. The Justice Department will vindicate the President’s lawful authority to direct the executive branch.