Sanctuary Cities Have Upper Hand in Legal Battle Against Trump | News | teleSUR English - 0 views
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As U.S. President Donald Trump ramps up his attack on immigration, his executive order to cut federal funding to so-called “sanctuary cities” protecting immigrants could face a number of legal and logistical loopholes.
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The executive order signed on Wednesday orders federal agencies to withhold grant money from around 300 cities and counties that block local law enforcement from targeting undocumented immigrants, or as White House Press Secretary Sean Spice put it, “harbor illegal immigrants.” Spicer said that Trump will look at means to strip funding to cities and counties that “willfully refuse to comply” with his new plan to crack down on immigration, which also included ordering the construction of the infamous border wall between Mexico and the U.S. and increasing immigration authorities' power to deport people from the U.S., often without due process. These measures have sparked outrage among many immigrant rights organizations and caused city mayors to speak out against them. Opponents likely have the law on their side. Politico reported that the White House failed to consult the proper federal agencies and lawmakers before signing the executive orders. This means the orders are likely fraught with contradictions to current laws that can be easily exploited by opponents to dismantle them. The legal fight has already begun. Mayors of targeted cities are teaming up with immigration advocacy groups and attorneys to gear up for a legal battle against the presidential orders. Opponents of Trump’s order say that federal money allocated to cities can only be cut if the funding is directly linked to behavior that opposes the federal government’s plan for immigration.
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Trump's plan to make police and other key services exempt from any funding cuts has also sparked legal debate. Trump had previously stated that even if a city was stripped of funding for non-compliance, police departments' funding would not be cut. Opponents also say that making police exempt would make it possible for a judge to deem parts of the order unconstitutional. Richard Doyle, city attorney in San Jose, California, argues that Trump cannot cut a city's funding for healthcare and education while protecting the police force from cuts because its function relates more closely to immigration enforcement, adding that it was uncertain whether only future or existing federal funding would be targeted under the order. Others have argued that there would be significant barriers and a long process for the federal government to cut off funding to sanctuary cities that would first have to go through states and local government where targeted jurisdictions have rights to appeal. Edward Waters from Feldesman Tucker Leifer Fidell in Washington told Reuters that for the Trump administration, “It’s fair to say that they don't understand the scope and reach of federal grants law.”
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