9th Circuit rules

9th Circuit rules White House can’t withhold money from ‘sanctuary cities’

By REBECCA MORIN

President Donald Trump’s executive order limiting federal funding to so-called sanctuary cities was ruled unconstitutional by an appeals court on Wednesday.

The 9th U.S. Circuit Court of Appeals ruled that federal funding can be refused only with congressional authorization. The appeals court also noted that the District Court went too far by blocking the policy nationwide, and sent back the case for “reconsideration and further findings.”

“We conclude that, under the principle of Separation of Powers and in consideration of the Spending Clause, which vests exclusive power to Congress to impose conditions on federal grants, the Executive Branch may not refuse to disperse the federal grants in question without congressional authorization,” a three-member panel of the 9th Circuit said in its 2-to-1 ruling.

Trump signed an executive order in January 2017 to limit funding to cities that don’t cooperate with federal immigration enforcement — also known as sanctuary cities.

The Justice Department didn’t immediately respond to a request for comment on Wednesday.

San Francisco and Santa Clara counties in California sued the Trump administration over the policy.

James R. Williams, the Santa Clara County counsel, praised the court’s decision.

“Today, the Ninth Circuit joined with courts across the country in holding that the Trump Administration’s unconstitutional abuses of power cannot stand,” Williams said in a statement. “The Ninth Circuit decision is a victory for the Separation of Powers principles at the core of the Nation’s Constitution. Put simply: the President cannot use the threat of defunding as a weapon to force local governments to abandon policies that make their communities safer.”