Trump

County of Santa Clara v. Trump

Caution

250 F. Supp. 3d 497

United States District Court, Northern District of CaliforniaApril 25, 2017Case No. 17-cv-00574-WHO, Case No. 17-cv-00485-WHOCalifornia18,814 words

Opinion

Lead Opinion

Orrick, J.

ORDER GRANTING THE COUNTY OF SANTA CLARA’S AND CITY AND COUNTY OF SAN FRANCISCO’S MOTIONS TO ENJOIN SECTION 9(a) OF EXECUTIVE ORDER 13768

INTRODUCTION

This ease involves Executive Order 13768, “Enhancing Public Safety in the Interior of the United States,” which, in addition to outlining a number of immigration enforcement policies, purports to “[ejnsure that jurisdictions that fail to comply with applicable Federal law do not receive Federal funds, except as mandated by law” and to establish a procedure whereby “sanctuary jurisdictions” shall be ineligible to receive federal grants. Executive Order 13768, 82 Fed. Reg. 8799 (Jan. 26, 2017) (the “Executive Order”). In two related actions, the County of Santa Clara and the City and County of San Francisco have challenged Section 9 of the Executive Order as facially unconstitutional and have brought motions for preliminary injunction seeking to enjoin its enforcement. See County of Santa Clara v. Trump, No. 17-cv-0574-WHO; City and County of San Francisco v. Trump, 17-cv-0485-WHO.

The Counties challenge the enforcement provision of the Order, Section 9(a), on several grounds: first, it violates the separation of powers doctrine…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.