Federal District Judge William Orrick III, photographed in his courtroom and chambers in San Francisco.
Photo S. Todd Rogers
12/03/2013
063-2013

A federal judge out of San Francisco on Thursday blocked President Trump from pulling federal funds from ‘sanctuary cities.’

US District Judge William Orrick said withholding federal funds from sanctuary cities is unconstitutional.

President Trump issued a flurry of executive orders – in his first term – and now in his second term – to withhold funds from jurisdictions harboring illegal aliens.

Santa Clara, San Francisco and 14 other cities and counties sued the Trump Administration. They moved for a preliminary injunction blocking President Trump’s executive orders.

“Here we go again,” Judge Orrick wrote in his 6-page order blasting Trump for his second round of executive orders aimed at ending the subsidization of open borders.

In 2017, Judge Orrick permanently blocked a similar executive order from Trump’s effort to defund sanctuary cities.

The judge said withholding funds from sanctuary jurisdictions is unconstitutional. He said it violates the Fifth and Tenth Amendments and also violates due process.

“Precedent in the Ninth Circuit and the orders of this court show why the Cities and Counties have established that they are likely to prevail on the merits of at least their separation of powers, Spending Clause, and Fifth and Tenth Amendment claims. The challenged sections in the 2025 Executive Orders and the Bondi Directive that order executive agencies to withhold, freeze, or condition federal funding apportioned to localities by Congress, violate the Constitution’s separation of powers principles and the Spending Clause, as explained by the Ninth Circuit in the earlier iteration of this case in 2018; they also violate the Fifth Amendment to the extent they are unconstitutionally vague and violate due process,” the judge wrote in his order reviewed by The Gateway Pundit.

Orrick granted the preliminary and enjoined ALL defendants, and “their officers, agents, servants, employees, and attorneys, and any other persons who are in active concert or participation with them.”

“Defendants are instructed to provide written notice of this Order to all federal departments and agencies by April 28, 2025. The written notice shall instruct those agencies that they may not take steps to withhold from, freeze, or condition funds to the Cities and Counties based on the first sentence of Section 17 of Executive Order 14,159, Section 2(a)(ii) of Executive Order 14,218, or the Preamble and Section I of the February 5, 2025, Memorandum from the Attorney General entitled “Sanctuary Jurisdictions Directives,”” the judge said.

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