U.S. District Judge William Orrick issued the injunction sought by Seattle, Washington’s King County, Portland, Oregon, and more than a dozen other municipalities that limit cooperation with federal immigration efforts.
Orrick wrote that defendants are prohibited “from directly or indirectly taking any action to withhold, freeze, or condition federal funds” and the administration must provide written notice of his order to all federal departments and agencies by Monday.
One executive order issued by Trump directs Attorney General Pam Bondi and Homeland Security Secretary Kristi Noem to withhold federal money from sanctuary jurisdictions. The second order directs every federal agency to ensure that payments to state and local governments do not “abet so-called ‘sanctuary’ policies that seek to shield illegal aliens from deportation.”
At a hearing Wednesday, Justice Department lawyers argued that it was much too early for the judge to grant an injunction when the government had not taken any action to withhold specific amounts or to lay out conditions on specific grants.
But Orrick, who was nominated by President Barack Obama, said this was essentially what government lawyers argued during Trump’s first term when the Republican issued a similar order.
“Their well-founded fear of enforcement is even stronger than it was in 2017,” Orrick wrote, citing the executive orders as well as directives from Bondi, other federal agencies and Justice Department lawsuits filed against Chicago and New York.
It’s unclear if federal agencies will abide by the order. On Thursday, U.S. Transportation Secretary Sean Duffy issued a reminder to recipients of federal transportation funding that they are expected to follow federal law, including on immigration enforcement, or face potential consequences.
The department did not immediately respond to an email seeking comment.
There is no strict definition for sanctuary policies or sanctuary cities, but the terms generally describe limited cooperation with Immigration and Customs Enforcement. ICE enforces immigration laws nationwide but seeks state and local help in alerting federal authorities of immigrants wanted for deportation and holding that person until federal officers take custody.
Leaders of sanctuary jurisdictions say their communities are safer because immigrants feel they can communicate with local police without fear of deportation. It is also a way for municipalities to focus their dollars on crime locally, they say.
Portland Mayor Keith praises the court’s decision in a written statement Thursday: “We are grateful for the court’s affirmation that public safety funds, disaster relief, housing, and transportation should never be subject to unconstitutional federal overreach and interference.”
Besides Seattle, King County and Portland, other plaintiffs in the lawsuit include San Francisco; Santa Clara County, which includes a third plaintiff, the city of San José; Minneapolis and St. Paul, Minnesota; New Haven, Connecticut; and Santa Fe, New Mexico.