The president tried to bully sanctuary cities, which provided non-citizens a place of refuge. He put out an executive order in January 2017 to withhold federal funding if these cities did not support his federal immigration tactics.
Then, the courts ruled differently. California’s San Francisco and Santa Clara Counties sued the White House over Trump’s executive order.
The Associated Press tweeted the breaking news:
‘BREAKING: US appeals court: Trump’s executive order threatening to withhold funding from ‘sanctuary cities’ is unconstitutional.’
The 9th U.S. Circuit Court of Appeals court ruled that only Congress can withhold federal funding, not the president. The Appeals Court also ruled that the lower District Court acted too broadly when it made the executive order nationwide.
The three-member panel of the Appeals Court ruled two to one to return the case to the District Court for “reconsideration and further findings,” POLITICO reported:
‘We conclude 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.’
Santa Clara County counsel, James Williams was pleased with the court’s decision and released this statement, according to POLITICO:
‘Today, the Ninth Circuit joined with courts across the country in holding that the Trump Administration’s unconstitutional abuses of power cannot stand.The Ninth Circuit decision is a victory for the Separation of Powers principles at the core of the Nation’s Constitution. Put simply: the President cannot use the threat of defunding as a weapon to force local governments to abandon policies that make their communities safer.’
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Featured image is a screenshot via YouTube.