An executive order that should’ve been President Donald Trump’s least controversial has joined the list of those blocked by federal judges.Two days prior to issuing his first executive order implementing his travel/refugee ban from a handful of Muslim-majority nations, Trump signed Executive Order 13768, which gave the attorney general and secretary of Homeland Security the power to withdrawal federal funds from sanctuary cities for not being in compliance with federal law.
What’s the controversy? The overwhelming majority of the nation’s illegal immigrants live in sanctuary cities (over 60 percent live in just 20), so it’s a clear source of the problem. Plus, eighty-percent of Americans oppose such cities — on what other issue is there such unanimous agreement? A mere 35 percent of Americans said they’d even be OK with living in a sanctuary city, so you’d think such cities would want to be more appealing to current and future residents.
So whose to blame for striking down this executive order? A judge from the most liberal city in America nonetheless: San Francisco.
As The Hill just reported:a San Francisco judge has blocked enforcement of President Trump’s executive order barring federal funds from so-called sanctuary cities.
San Francisco and Santa Clara County won preliminary injunctions to block Trump’s January order to withhold federal funds from cities that refuse to comply with federal authorities in enforcing immigration laws, according to multiple reports.
According to the judge’s order, the Justice Department can still withhold grants from places that don’t comply with the law, but it cannot enforce the order “in a way that violates the Constitution,” according to a Washington Post reporter.
Justice can still withhold grants from places not complying w/ law on communication w/ ICE & HL Security can still define sanctuary cities..— Matt Zapotosky (@mattzap) April 25, 2017
BREAKING: Judge blocks Trump's sanctuary cities executive order (in about the strangest way possible…) pic.twitter.com/gn8C4y5hKd— Matt Zapotosky (@mattzap) April 25, 2017
The injunction says it “does nothing more than implement the effect of the Government’s flawed interpretation of the Order. It does not affect the ability of the Attorney General or the Secretary to enforce existing conditions of federal grants … nor does it impact the Secretary’s ability to develop regulations or other guidance defining what a sanctuary jurisdiction is or designating a jurisdiction as such.”
U.S. District Judge William Orrick issued the temporarily ruling on Tuesday, following an April 14 hearing on the case.
The Obama-appointed judge ruled that the order violated the Constitution by attempting to punish local governments by seeking to “deprive local jurisdictions of congressional allocated funds without any notice or opportunity to be heard.”
This judge is apparently unaware of Article VI, Clause 2 of the Constitution, the “Supremacy Clause,” which establishes that federal law triumphs over state law.
[Note: This post was written by Matt Palumbo. Follow him on Twitter @MattPalumbo12]