Judge issues blow against Trump's sanctuary city order
Jeremy Diamond 2017
By Jeremy Diamond and Euan McKirdy, CNN
November 21, 2017
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LOS ANGELES, CA - OCTOBER 14: U.S. Immigration and Customs Enforcement (ICE), agents detain an immigrant on October 14, 2015 in Los Angeles, California. ICE agents said the immigrant, a legal resident with a Green Card, was a convicted criminal and member of the Alabama Street Gang in the Canoga Park area. ICE builds deportation cases against thousands of immigrants living in the United States. Green Card holders are also vulnerable to deportation if convicted of certain crimes. The number of ICE detentions and deportations from California has dropped since the state passed the Trust Act in October 2013, which set limits on California state law enforcement cooperation with federal immigration authorities.
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LOS ANGELES, CA - OCTOBER 14: U.S. Immigration and Customs Enforcement (ICE), agents detain an immigrant on October 14, 2015 in Los Angeles, California. ICE agents said the immigrant, a legal resident with a Green Card, was a convicted criminal and member of the Alabama Street Gang in the Canoga Park area. ICE builds deportation cases against thousands of immigrants living in the United States. Green Card holders are also vulnerable to deportation if convicted of certain crimes. The number of ICE detentions and deportations from California has dropped since the state passed the Trust Act in October 2013, which set limits on California state law enforcement cooperation with federal immigration authorities.
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First Lady Melania Trump honors International Women of Courage during a ceremony at the State Department in Washington, DC, March 29, 2017.
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President Donald Trump arrives at a rally at the Phoenix Convention Center, Tuesday, Aug. 22, 2017, in Phoenix. (AP Photo/Alex Brandon)
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CHICAGO, IL - OCTOBER 16: A mural voicing support for immigrants is painted along a retail strip in the predominately Hispanic Pilsen neighborhood on October 16, 2017 in Chicago, Illinois. The U.S. Justice Department has accused four cities including Chicago, New York, New Orleans and Philadelphia of violating the law with their "sanctuary city" policies. (Photo by Scott Olson/Getty Images)
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Refugees line up for food distributions by the UN in a refuge camp that opened after the 7.0 earthquake rocked Haiti in Port au Prince on January 29, 2010. (Photo by Nadav Neuhaus/Corbis via Getty Images)
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WASHINGTON, DC - SEPTEMBER 28: Acting U.S. Secretary of Homeland Security Elaine Duke pauses while briefing reporters following a meeting with President Donald Trump at the White House, September 28, 2017 in Washington, DC.
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Young immigrants and supporters gather for a rally in support of Deferred Action for Childhood Arrivals (DACA) in Los Angeles, California on September 1, 2017.
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STORY HIGHLIGHTS
The order blocks a key executive order
Trump signed the order soon after taking office
(CNN)President Donald Trump's latest executive order aimed at implementing the hardline immigration policies he championed during his campaign has been blocked by a federal court.
US District Court Judge William Orrick issued a permanent injunction Monday blocking Trump's executive order seeking to strip so-called sanctuary cities of federal funding.
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The ruling represents a major setback to the administration's attempts to clamp down on cities, counties and states that seek to protect undocumented immigrants who come in contact with local law enforcement from deportation by federal authorities.
The ruling was also the latest instance in which a federal judge has stood in the way of Trump's effort to implement his hardline policies immigration, joining rulings that have blocked different portions of Trump's travel ban and preliminary injunctions on the sanctuary cities order.
DACA deal state of play
DACA deal state of play
Monday's ruling, which followed lawsuits from two California counties, nullifies Trump's January executive order on the matter, barring the administration from setting new conditions on spending approved by Congress.
The January order sought to crack down on jurisdictions such as Chicago, New York, Los Angeles and San Francisco that do not comply with Immigration and Customs Enforcement (ICE) requests for assistance with identifying and deporting undocumented immigrants.
It was not immediately clear whether the Trump administration was preparing to appeal the ruling, but the Justice Department said it plans to "vindicate the President's lawful authority to direct the executive branch."
"The District Court exceeded its authority today when it barred the President from instructing his cabinet members to enforce existing law," Justice Department spokesman Devin O'Malley said in the statement.
Attorney: Ruling a victory for rule of law
A mural voicing support for immigrants is painted along a retail strip in the Pilsen neighborhood of Chicago.
A mural voicing support for immigrants is painted along a retail strip in the Pilsen neighborhood of Chicago.
Those fighting the executive order celebrated the decision Monday.
"This is a victory for the American people and the rule of law," San Francisco city attorney Dennis Herrera said in a statement. "This executive order was unconstitutional before the ink on it was even dry.
"We live in a democracy. No one is above the law, including the president."
The statement added that he was "grateful that we've been able to protect billions of dollars that help some of the most vulnerable Americans."
What is a sanctuary city?
These states have banned sanctuary cities
These states have banned sanctuary cities
The term "sanctuary city" is a broad term applied to jurisdictions that have policies in place designed to limit cooperation with or involvement in federal immigration enforcement actions.
Cities, counties and some states have a range of informal policies as well as actual laws that qualify as "sanctuary" positions.
Most of the policies center around not cooperating with federal law enforcement on immigration policies. Many of the largest cities in the country have forms of such policies.
In 2015, more than 200 state and local jurisdictions did not honor requests from Immigration and Customs Enforcement to detain individuals, ICE Director Sarah Saldaña testified before Congress, and a subset of that group refused to give access to their jails and prisons to ICE.
What are sanctuary cities, and can they be defunded?
What are sanctuary cities, and can they be defunded?
According to tracking by the Center for Immigration Studies, a think tank that advocates for restricting immigration and opposes sanctuary policies, roughly 300 sanctuary jurisdictions rejected more than 17,000 detention requests, between January 1, 2014 and September 30, 2015.
The idea for sanctuary cities appears to have sprung out of churches in the 1980s that provide sanctuary to Central Americans fleeing violence at home amid reluctance by the federal government to grant them refugee status.
They became popular in more diverse locales to counter what officials there saw as overzealous federal immigration policies, particularly against those arrested for minor, non-violent crimes.
"San Francisco is a sanctuary city and will not waiver in its commitment to protect the rights of all its residents," San Francisco Mayor Edwin Lee said in January, upon announcing an expansion to a city fund to provide legal services to the immigrant community, documented or otherwise.
Chicago has set up a similar fund, as has Los Angeles.
"Chicago has in the past been a sanctuary city," Mayor Rahm Emanuel said in November, according to the Sun-Times. "It always will be a sanctuary city."
Case that sparked immigration debate
Trial for central case to sanctuary city debate 01:58
The murder trial of an undocumented immigrant has drawn national attention -- in part because he had been deported from the United States five times.
Jose Ines Garcia Zarate's trial for the shooting of Kate Steinle, on a San Francisco pier in July 2015, stirred the already heated debate over immigration.
The case became a rallying cry for Trump and GOP politicians, who have invoked Steinle's name in decrying sanctuary cities and promoting the construction of a border wall.
Before the shooting, officials in San Francisco had released Garcia Zarate from custody instead of turning him over to immigration authorities.
CNN's Tal Kopan, Dan Simon and Darran Simon contributed to this report.
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