City And County Of San Francisco v. Trump

897 F.3d 1225 (9th Cir. 2018)

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Nature of the Case

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Facts

Executive Order 13,768, 'Enhancing Public Safety in the Interior of the United States,' which was signed by the President on January 25, 2017-five days after his inauguration. Exec. Order 13,768, 82 Fed. Reg. 8799 (Jan. 25, 2017) (hereinafter 'Executive Order' or 'EO'). The Executive Order's primary concern is 'sanctuary jurisdictions,' which, in the President's view, 'willfully violate Federal law in an attempt to shield aliens from removal from the United States.' EO § 1. 'The purpose of this order is to direct executive departments and agencies . . . to employ all lawful means to enforce the immigration laws of the United States.' EO § 1. The Executive Order cross-references 8 U.S.C. § 1373, which prohibits government entities from prohibiting the sharing of 'information regarding the citizenship or immigration status, lawful or unlawful, of any individual.' 8 U.S.C. § 1373(a). The Executive Order directs the agencies of the Executive Branch to withhold funds appropriated by Congress in order to further D's policy objective of punishing cities and counties that adopt so-called 'sanctuary' policies. The district court enjoined D from enforcing Section 9(a) of the Executive Order against jurisdictions they deem as sanctuary jurisdictions. D appealed.