City and County of San Francisco v. Trump, No. 17-17478 (9th Cir. 2018)
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Under the principle of Separation of Powers and in consideration of the Spending Clause, which vests exclusive power to Congress to impose conditions on federal grants, the Executive Branch may not refuse to disperse federal grants to sanctuary cities and counties without congressional authorization. President Trump issued Executive Order 13,768, "Enhancing Public Safety in the Interior of the United States," with the purpose of directing executive departments and agencies to employ all lawful means to enforce immigration laws. The Executive Order's primary concern was sanctuary jurisdictions, which the President viewed as willfully violating Federal law in an attempt to shield aliens from removal from the country.
As a preliminary matter, the Ninth Circuit held that the Counties had standing and the case was ripe for review. On the merits, the panel affirmed the district court's grant of summary judgment to the Counties because Congress did not authorize withholding of funds in this case and thus the Executive Order violates the constitutional principle of the Separation of Powers. However, given the absence of specific findings underlying the nationwide application of the injunction, the panel vacated the injunction and remanded for reconsideration and further findings.
Court Description: Separation of Powers/Executive Authority/Immigration. The panel (1) affirmed the district court’s grant of summary judgment in favor of the City and County of San Francisco and the County of Santa Clara in an action challenging Executive Order 13,768, “Enhancing Public Safety in the Interior of the United States,” which directed the withholding of federal grants to so-called sanctuary jurisdictions; (2) vacated a nationwide injunction; and (3) remanded. The Executive Order cross-references 8 U.S.C. § 1373, which prohibits government entities from themselves prohibiting the sharing of “information regarding the citizenship or immigration status, lawful or unlawful, of any individual.” 8 U.S.C. § 1373(a). Section 9 of the Executive Order provides that the Attorney General and the Secretary of the Department of Homeland Security, “in their discretion and to the extent consistent with law, shall ensure that jurisdictions that willfully refuse to comply with 8 U.S.C. 1373 (sanctuary jurisdictions) are not eligible to receive Federal grants, except as deemed necessary for law enforcement purposes by the Attorney General or the Secretary.” As a preliminary matter, the panel concluded that the Counties demonstrated standing to bring their action, and that the case was ripe for review. 4 SAN FRANCISCO V. TRUMP The panel held that, under the principle of Separation of Powers and in consideration of the Spending Clause, which vests exclusive power to Congress to impose conditions on federal grants, the Executive Branch may not refuse to disperse the federal grants in question without congressional authorization. Because Congress has not acted, the panel affirmed the district court’s grant of summary judgment to the City and County of San Francisco and the County of Santa Clara. However, given the absence of specific findings underlying the nationwide application of the injunction, the panel vacated the nationwide injunction and remanded for reconsideration and further findings. Dissenting, Judge Fernandez concluded that the case is not ripe for review. Addressing the merits because the majority did so, Judge Fernandez also wrote that the district court’s failure to accord the Executive Order a fair enough reading resulted in its abusing its discretion when it issued the injunction. SAN FRANCISCO V. TRUMP 5
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