Trump Administration Concedes Defeat in Challenge to “Sanctuary Jurisdictions” Executive Order Brought by Santa Clara and San Francisco Counties
Federal Court Enters Final Judgment that Executive Order is Unconstitutional
SANTA CLARA COUNTY, CALIF. — The County of Santa Clara and the City and County of San Francisco secured a final victory today in litigation challenging President Trump’s “Sanctuary Jurisdictions” Executive Order. The court presiding over the case entered final judgment in the counties’ favor on the merits of its lawsuit and permanently barred the Trump Administration from enforcing a key provision of the Executive Order against the counties or anywhere in California.
The Executive Order at issue threatened to withhold all federal funding from those cities and counties—like the County of Santa Clara—that refused to assist the Trump Administration in its relentless attack on immigrants. The Trump Administration targeted the County of Santa Clara in particular and placed the County at risk of being deprived of nearly $1.7 billion in federal funds, approximately 35% of its annual revenue at the time. Today’s final order makes permanent the County’s historic legal victory in the case and ensures that critical County services such as health care for infants and children, mental health services, emergency and disaster response, public safety, and early childhood education programs will not be jeopardized by the Trump Administration’s efforts to withhold funds.
“The Administration’s action was both unlawful and unwise,” said Board President Joe Simitian. “Santa Clara County taxpayers send their tax dollars to Washington and reasonably expect those federal funds will help deliver essential public health and safety services to our County residents and others across the nation, rather than being used as a bargaining chip on federal immigration policy.”
“The County’s immigrant population and diversity only make us stronger, and we are proud to stand firm against threats to local health and safety services, even when they come from the sitting President of the United States,” said County of Santa Clara Board of Supervisors Member Dave Cortese. “Today’s final order affirms the County’s litigation strategy to hold the Trump Administration accountable for its conduct.”
“Today’s order affirms a basic principle of American constitutional law—that no President may usurp powers not given to him, and that the federal government cannot use the threat of withholding federal funding to coerce local governments into participating in federal immigration enforcement,’ said County Counsel James R. Williams. “This victory belongs to the 1.9 million residents of our County and we will continue to resist the Trump Administration’s blatantly unconstitutional conduct in this case and others.”
As a result of the counties’ victories in this litigation, the Trump Administration has not relied on the Executive Order to threaten the withdrawal of federal funds from any other state or local government nationwide. Today’s resolution also dismisses without prejudice the request for an injunction outside of California but allows the counties to renew that request for a nationwide injunction should it become necessary to do so in the future.
Background on the Case
The Executive Order, issued by President Trump days after taking office on January 25, 2017, commands federal officials to designate certain state and local governments as “sanctuary jurisdictions” and to deny them federal funding or take other actions against them. With this unlawful command, the County faced the threatened loss of over $1.7 billion in federal funding that it relies on each year to provide essential services and safety-net assistance to its nearly 2 million residents.
The counties were the first jurisdictions to seek emergency relief from the Executive Order. On April 25, 2017, the counties secured a historic victory when the federal district court presiding over the lawsuit granted a preliminary injunction and halted implementation of the Executive Order nationwide pending resolution of the lawsuit. In November 2017, the same court issued an injunction permanently blocking implementation of the Executive Order’s key provision. On August 1, 2018, the Ninth Circuit Court of Appeals affirmed the district court’s ruling that the Executive Order violates the Constitution, agreed that the permanent injunction against implementation of the Executive Order should cover all of California, but directed the district court to consider additional facts regarding whether a nationwide injunction should be granted.
For more information on the history of the case, including County filings and court orders, as well as amicus briefs filed in support of the County, please visit https://www.sccgov.org/sites/cco/overview/Pages/fedlawsuit.aspx
*Final Judgment in County of Santa Clara Sanctuary Jurisdictions Case
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About the Santa Clara County Counsel’s Office
The Office of the County Counsel serves as legal counsel to the County, its Board of Supervisors and elected officials, every County department and agency, and the County’s boards and commissions. With a staff of over 200, the Office is also responsible for all civil litigation involving the County and its officers. Through it's Social Justice and Impact Litigation Section, the Office litigates high-impact cases, drafts innovative local ordinances, and develops policies and programs to advance social and economic justice. The Section also defends the County in select cases with the potential to significantly affect the County’s ability to provide critical safety net services to vulnerable residents. The Section is part of a growing movement to use the power and unique perspective of local government to better serve the community and to drive long-lasting change at the local, state, and national levels.
About the County of Santa Clara, California
The government of the County of Santa Clara serves a diverse population of 1.9 million residents and is more populous than 14 states. With a $8.1 billion annual budget, dozens of departments and agencies, and over 21,000 employees, the County provides essential services to its residents, including protecting public health, environmental stewardship, comprehensive healthcare services through its three hospitals and many other medical facilities, child and adult protection services, homelessness prevention and services, roads, park services, libraries, emergency response, local criminal justice system operations, and many other services.
Media Contact: Laurel Anderson/Marina Hinestrosa, Office of Public Affairs, (408) 299-5119.