Federal judge declares Trump admin blocking federal money to sanctuary cities unconstitutional

A federal judge in San Francisco blocked the Trump administration from withholding federal funds from “sanctuary” jurisdictions, claiming doing so would be unconstitutional.

U.S. District Judge William H. Orrick – who was nominated to the Northern District of California bench by former President Barack Obama – said that Trump’s executive orders instructing Attorney General Pam Bondi and Department of Homeland Security Secretary Kristi Noem to withhold federal funds from “sanctuary” cities and counties that do not cooperate with federal immigration law would violate the Constitution’s separation of powers principles and the Spending Clause.

The judge said Trump’s orders – titled “Protecting the American People Against Invasion” and “Ending Taxpayer Subsidization of Open Borders” –  also violate the Fifth Amendment “to the extent they are unconstitutionally vague and violate due process.” Trump’s directives “also violate the Tenth Amendment because they impose coercive condition intended to commandeer local officials into enforcing federal immigration practices and law,” Orrick wrote.

FEDERAL JUDGE ALLEGES ‘WILLFUL AND BAD FAITH REFUSAL’ TO COMPLY IN ABREGO GARCIA DEPORTATION CASE

Trump in Oval Office

President Donald Trump speaks to reporters after signing a proclamation in the Oval Office at the White House on April 17, 2025, in Washington, D.C.  (Win McNamee/Getty Images)

Most of the plaintiffs are jurisdiction in California. They are the city and county of San Francisco, Santa Clara County, Monterey County and the cities of Oakland, Emeryville, San Jose, San Diego, Sacramento and Santa Cruz.

Portland, Oregon; New Haven, Connecticut; Minneapolis and St. Paul, both of Minnesota; Santa Fe, New Mexico; and King County – where Seattle is located in Washington state – are also in the lawsuit.

“The Cities and Counties have also demonstrated a likelihood of irreparable harm,” the judge said. “The threat to withhold funding causes them irreparable injury in the form of budgetary uncertainty, deprivation of constitutional rights, and undermining trust between the Cities and Counties and the communities they serve.”

ICE protesters march in San Francisco

Hundreds of anti-ICE protesters are gathered outside the USCIS San Francisco Field Office to demand the release of Mahmoud Khalil on April 14, 2025.  (Tayfun Coskun/Anadolu via Getty Images)

TRUMP-APPOINTED JUDGE ORDERS ADMINISTRATION TO RETURN SECOND DEPORTED MIGRANT

In granting the “sanctuary” jurisdictions a preliminary injunction, Orrick wrote that “defendants and their officers, agents, servants, employees, and attorneys, and any other persons who are in active concert or participation with them ARE HEREBY RESTRAINED AND ENJOINED from directly or indirectly taking any action to withhold, freeze, or condition federal funds.”

The judge ordered the Trump administration to provide written notice of the court order to all federal departments and agencies by Monday, April 28.

Anti-ICE protester in San Francisco

A protestor holds a sign against ICE and the Trump administration’s deportations in front of City Hall in San Francisco on Feb. 16, 2025. (Minh Connors/Anadolu via Getty Images)

“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,” Orrick wrote.

Orrick already found a similar executive order issued by Trump in 2017 to be unconstitutional, and the judge said so are the two new directives issued at the start of Trump’s second term.

Leave a Reply

Your email address will not be published. Required fields are marked *