Judge Blocks Sanctuary Cities Executive Order

Judge Blocks Sanctuary Cities Executive Order

On April 25, 2017 Judge William Orrick of the United States District Court for the District of Northern California issued a nationwide preliminary injunction halting enforcement of Executive Order 13768, which sought to block federal funding to so-called “sanctuary jurisdictions.”  The County of Santa Clara and the City and County of San Francisco had challenged the Order as unconstitutional in related lawsuits filed earlier this year.

In support of those counties, HSPRD filed an amicus (“friend of the court”) brief on behalf of a group of police chiefs and sheriffs from jurisdictions across the country, arguing that by compelling local law enforcement to take part in federal immigration enforcement, the Executive Order would threaten public safety,  undermine community policing efforts, decrease reporting of crime and cooperation with police by immigrant communities, and force reallocation of limited resources from effective public safety efforts.

In granting the injunction, Judge Orrick recognized the rights of states and local governments to determine their own local policies and law enforcement priorities pursuant to the Tenth Amendment of the U.S. Constitution.  Judge Orrick cited to the amicus brief filed by HSPRD on behalf of the police chiefs and sheriffs, noting that sanctuary policies promote public safety by fostering trust between residents and local law enforcement, including by encouraging undocumented residents to cooperate with police and report crimes.

Read the amicus brief filed in support of the County of Santa Clara’s lawsuit.

Read the amicus brief filed in support of the City and County of San Francisco’s lawsuit.

Read the Order.