Skip to content
CapRadio

CapRadio

signal status listen live donate
listen live donate signal status
listen live donate signal status
  • News
    • topics
    • State Government
    • Environment
    • Health Care
    • Race and Equity
    • Business
    • Arts and Lifestyle
    • Food and Sustainability
    • PolitiFact California
  • Music
    • genres
    • Classical
    • Jazz
    • Eclectic
    • Daily Playlist
  • Programs + Podcasts
    • news
    • Morning Edition
    • All Things Considered
    • Marketplace
    • Insight With Vicki Gonzalez
    • music
    • Acid Jazz
    • At the Opera
    • Classical Music
    • Connections
    • Excellence in Jazz
    • Hey, Listen!
    • K-ZAP on CapRadio
    • Mick Martin's Blues Party
    • Programs A-Z
    • Podcast Directory
  • Schedules
    • News
    • Music
    • ClassicalStream
    • JazzStream
    • Weekly Schedule
    • Daily Playlist
  • Community
    • Events Calendar
    • CapRadio Garden
    • CapRadio Reads
    • Ticket Giveaways
  • Support
    • Evergreen Gift
    • One-Time Gift
    • Corporate Support
    • Vehicle Donation
    • Stock Gift
    • Legacy Gift
    • Endowment Gift
    • Benefits
    • Member FAQ
    • e‑Newsletter
    • Drawing Winners
    • Thank You Gifts
  • About Us
  • Contact Us
  • Close Menu
 We Get Support From:
Become a Supporter 
 We Get Support From:
Become a Supporter 

US Appeals Court: Trump 'Sanctuary Cities' Order Is Illegal

Wednesday, August 1, 2018 | Sacramento, CA
Manuel Balce Ceneta / AP Photo

President Donald Trump with Homeland Security Secretary Kirstjen Nielsen, left, speaks during a roundtable talks on sanctuary cities with law enforcement officers in the Roosevelt Room of the White House, in Washington, Tuesday, March 20, 2018.

Manuel Balce Ceneta / AP Photo

Updated 12:10 p.m.

(AP) — President Donald Trump's executive order threatening to withhold funding from "sanctuary cities" that limit cooperation with immigration authorities is unconstitutional, but a judge went too far when he blocked its enforcement nationwide, a U.S. appeals court ruled Wednesday.

In a 2-1 ruling, the 9th U.S. Circuit Court of Appeals agreed that the order exceeded the president's authority.

"Absent congressional authorization, the administration may not redistribute or withhold properly appropriated funds in order to effectuate its own policy goals," Chief Judge Sidney Thomas wrote for the majority.

But he also said there wasn't enough evidence to support a nationwide ban on the order and sent the case back to the lower court for more hearings on that question.

An email to a spokesman for the U.S. Justice Department was not immediately returned.

U.S. District Judge William Orrick said in November that the order threatened all federal funding and that the president did not have the authority to attach new conditions to spending that was approved by Congress.

The ruling came in lawsuits filed by two California counties — San Francisco and Santa Clara. The executive order potentially jeopardized hundreds of millions of dollars in funding to the two counties, Orrick said, citing comments by Trump and U.S. Attorney General Jeff Sessions as evidence of the order's scope.

The Trump administration said the order applied to a relatively small pot of money that already required compliance with immigration law.

Government attorney Chad Readler had told Orrick that the order applied to only three Justice Department and Homeland Security grants that would affect less than $1 million for Santa Clara and possibly no money for San Francisco.

During arguments before the 9th Circuit in April, Thomas asked what the court was supposed to make of statements by Trump and his administration about wanting to withhold money from sanctuary cities.

Thomas also questioned whether the order would be constitutional if it applied to all types of funding, as the lower-court judge found.

Readler said the order was much narrower, and the judges should not focus on comments by the president or other administration officials.

The executive order is part of a push by the Trump administration to crack down on cities and states that generally don't comply with U.S. immigration authorities.

The administration has sued California over three laws aimed at protecting immigrants in the country illegally. It also has moved to block a key public safety grant from going to sanctuary cities and states.

The Trump administration says sanctuary jurisdictions allow dangerous criminals back on the street. San Francisco and other sanctuary cities say turning local police into immigration officers erodes the trust needed to get people to report crime.


Follow us for more stories like this

CapRadio provides a trusted source of news because of you.  As a nonprofit organization, donations from people like you sustain the journalism that allows us to discover stories that are important to our audience. If you believe in what we do and support our mission, please donate today.

Donate Today  

 sanctuary cities

Coronavirus Newsletter

Get answers to your questions, the latest updates and easy access to the resources you need, delivered to your inbox.

 

Want to know what to expect? Here's a recent newsletter.

Thanks for subscribing!

We'll send you weekly emails so you can stay informed about the coronavirus in California.

Browse all newsletters

More Stories

Alisha Jucevic / CalMatters

California spent millions to boost COVID vaccination rates of Medi-Cal members — but they lag even more

May 11, 2022

Michael A. Mariant / AP Photo

Five things to know about nuclear power in California

May 14, 2022

ANNA MARIA BARRY-JESTER/KHN

Rural California Hatches Plan for Engineered Mosquitoes to Battle Stealthy Predator

May 11, 2022

Most Viewed

Downtown Sacramento shooting: What we know and latest updates

With California budget surplus projected at $97 billion, Newsom proposes driver rebates, more reproductive health funding

California coronavirus updates: Sacramento City Council may vote to continue virtual meetings

Ukraine says it's downed 200 aircraft, a mark of Russian failures in the sky

U.S. Sen. Alex Padilla will appear on California’s June primary ballot twice. Here’s why.

We Get Support From:
Become a Supporter

Most Viewed

Downtown Sacramento shooting: What we know and latest updates

With California budget surplus projected at $97 billion, Newsom proposes driver rebates, more reproductive health funding

California coronavirus updates: Sacramento City Council may vote to continue virtual meetings

Ukraine says it's downed 200 aircraft, a mark of Russian failures in the sky

U.S. Sen. Alex Padilla will appear on California’s June primary ballot twice. Here’s why.

Back to Top

  • CapRadio

    7055 Folsom Boulevard
    Sacramento, CA 95826-2625

    • (916) 278-8900
    • Toll-free (877) 480-5900
    • Email Us
    • Submit a News Tip
  • Contact Us

  • About Us

    • Contact Us / Feedback
    • Coverage
    • Directions
    • Careers & Internships
    • Mission / Vision / Core Values
    • Press
    • Staff Directory
    • Board of Directors
  • Listening Options

    • Mobile App
    • On Air Schedules
    • Smart Speakers
    • Playlist
    • Podcasts
    • RSS
  • Connect With Us

    •  Facebook
    •  Twitter
    •  Instagram
    •  YouTube
  • Donate

  • Listen

  • Newsletters

CapRadio stations are licensed to California State University, Sacramento. © 2022, Capital Public Radio. All Rights Reserved. Privacy Policy | Website Feedback FCC Public Files: KXJZ KKTO KUOP KQNC KXPR KXSR KXJS. For assistance accessing our public files, please call 916-278-8900 or email us.