Billions in County Funding Excluded from “Sanctuary” Order Provision

An update from the National Association of Counties provides the details in a California court case and how it affects counties nationwide.

A federal district judge granted a national preliminary injunction against the Trump Administration’s January 25th Executive Order’s sanctuary penalties. In additional, statements made during oral argument have indicated that the sanctuary penalties would be limited to affecting only certain grant programs.

Screenshot 2017-04-26 16.17.45From the National Association of Counties:

. . . the January 25 Executive Order on Interior Enforcement, and specifically its “sanctuary jurisdictions” provision, was challenged in federal court shortly after its signing. Late yesterday, a federal district judge granted a national preliminary injunction against the order’s sanctuary penalties in a joint ruling addressing complaints from San Francisco and Santa Clara County, Calif.

The Department of Justice’s statements in oral argument indicated that the executive order applies only to the three federal grants that have some existing requirement of compliance with 8 U.S.C. 1373. Those are:

  1. Byrne JAG grants,
  2. SCAAP, and the
  3. COPS program.

According to NACo’s coverage, the court stated that,

“[DOJ] disavowed any right through the [executive order] for the government to affect any other part of the billions of dollars in federal funds the counties receive each year.”

NACo also predicts that the appeals in this case could mean that it continues to be litigated for years. As reported by NACo,

The Administration can appeal this order for a preliminary injunction, or wait for a ruling from this court on the merits of the case. In either scenario, an appeal to the court’s rulings would be heard by the Ninth Circuit, and if there are further appeals, by the Supreme Court. This morning, President Trump expressed his intention to appeal this case to the Supreme Court if necessary, although it was unclear whether such an appeal would relate to the preliminary injunction ruling or an upcoming ruling on the merits of the case.

For more information, read the court’s preliminary injunction.