A federal judge ruled Tuesday that the Trump administration can not withhold federal funds from jurisdictions that limit their cooperation with immigration authorities, commonly known as sanctuary cities.
"If anybody in the Trump administration would actually do some research before firing off letters, they would see that the City of New Orleans has already provided the Department of Justice documentation that shows we are in compliance with federal immigration laws", Landrieu said in his reply.
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 appears to be, Orrick said.
Forcing sanctuary cities to cooperate with deporting undocumented immigrants was a key component of the president's campaign vow to rid the US of "bad hombres" entering from Mexico.
"None of this discussion would be necessary if Congress and the president would enact comprehensive immigration reform, which is long overdue", said New Orleans Mayor Mitch Landrieu.
The Trump administration may ask the U.S. Court of Appeals in San Francisco to overturn the ruling, Bloomberg reported.
The Republican president's moves on immigration have galvanized legal advocacy groups, along with Democratic city and state governments, to oppose them in court.
Orrick accepted the arguments of San Francisco city and Santa Clara County, which includes San Jose and Silicon Valley, that the president did not have power to hold back any funds to cities that offer some protections to illegal immigrants.
The judge rejected the administration's argument that the executive order applies only to a relatively small pot of money and said President Donald Trump can not set new conditions on spending approved by Congress.
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This is because cities with pro-immigrant policies see better relationships between immigrant communities and the police.
Herrera said Tuesday the court halted the overreach of the president and attorney general who don't understand the Constitution or chose to ignore it.
It was at least the fourth time that a Trump order on immigration has been blocked by federal judges. 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.
And he said the order applied to only three Justice Department and Homeland Security grants that would affect less than $1 million for Santa Clara County and possibly no money for San Francisco.
The order also has led to lawsuits by Seattle; two MA cities, Lawrence and Chelsea; and a third San Francisco Bay Area government, the city of Richmond.
Indeed, notes Banzhaf, the only requirement applicable federal law imposes, under 8 U.S.C. 1373, is that state and local officials not prohibit or restrict employees from providing "information regarding citizenship or immigration status".
Commenting on the ruling, Dave Cortese, president of the Santa Clara County Board of Supervisors, said in a statement, "The politics of fear emanating from the Trump White House has just suffered a major setback".
White House chief of staff Reince Priebus said the administration would appeal and questioned the court's finding that the White House couldn't restrict funding. A Hawaii court later ruled against a revised version of the executive order in which Hawaii argued that the revised order would harm its Muslim population, its tourism industry and its universities' ability to recruit foreign students.
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