FOR IMMEDIATE RELEASE
DATE: April 25, 2017
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District Court Issues Nationwide Preliminary Injunction Prohibiting the Withholding of Federal Funds from Cities and Counties Pursuant to the Trump Sanctuary City Executive Order
Salinas, CA -- Salinas City Attorney Chris Callihan today issued the following statement:
Today, the District Court for the Northern District of California issued a nationwide injunction prohibiting the federal government from enforcing of Section 9(a) of President Trump's Executive Order 13,768 relating to sanctuary jurisdictions. Section 9(a) of the Executive Order instructed the U.S. Attorney General and the Secretary of the Department of Homeland Security to withhold all federal grant money from any state, county, or local government deemed a sanctuary jurisdiction by the U.S. Attorney General. The City of Salinas participated in the litigation, supporting the nationwide injunction as a Friend of the Court.
The District Court found Section 9(a) of the executive order to be facially unconstitutional. The Court held that the Order should be enjoined because, (1) it exceeds the President's constitutional authority by usurping the spending power reserved for Congress in Article I of the Constitution; (2) it attempts to withhold funds absent a nexus between those funds and federal immigration law; (3) it attempts to impose an ambiguous, untimely condition on previously accepted federal grant funds; (4) it is coercive in a manner exceeding congressional spending power; (5) it attempts to conscript state and local jurisdictions into carrying out federal immigration law in violation of the 10th Amendment; (6) it is unconstitutionally vague in violation of the substantial due process clause in the 5th Amendment; (7) it fails to offer any aggrieved jurisdiction a process of appeal in violation of the procedural due process; and (8) it will cause imminent irreparable harm to cities and counties nationwide.
The City of Salinas supported the nationwide injunction as a Friend of the Court, and believes that the District Court's Order enjoining the enforcement of Section 9(a) of the Executive Order is the most positive outcome at this stage of the litigation. Salinas intends to play its part in any future litigation opposing the Sanctuary Cities Executive Order, including participating in any appeal brought by the Trump Administration. Additionally, Salinas continues to strive to implement and maintain inclusive policies oriented at ensuring the health, safety, and welfare of all of its residents and visitors without regard for immigration status or country of origin.
Please direct any questions regarding the Sanctuary City litigation to Christopher A. Callihan, City Attorney, 831-758-7256.
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