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"Sanctuary cities see legal holes in Trump's immigration orders" - Reuters
http://www.reuters.com/article/us-usa-immigration-legal-idUSKBN15B03H?utm_campaign=trueAnthem:+Trending+Content&utm_content=588ae31204d3017fc12649e5&utm_medium=trueAnthem&utm_source=twitterBy Mica Rosenberg, Dan Levine and Andy Sullivan
President Donald Trump's executive order directing federal agencies to take away funding from self-proclaimed sanctuary cities had one big exemption for one of his favorite constituencies: the police, who would be protected from cuts.
But Trump's opponents say that very exemption makes it much more likely that a judge could strike down that section of the order as unconstitutional.
...
Lawyers for the potential challengers pointed to court rulings that said the federal government can only withhold funds to local jurisdictions if the money is directly tied to the behavior it objects to.
The Trump administration cannot cut funds for sanctuary cities' healthcare and education while preserving money for police, since those jobs relate more closely to immigration enforcement, said Richard Doyle, city attorney in San Jose, California. He said it was not clear whether existing federal funding or only future grants would be targeted.
President Donald Trump's executive order directing federal agencies to take away funding from self-proclaimed sanctuary cities had one big exemption for one of his favorite constituencies: the police, who would be protected from cuts.
But Trump's opponents say that very exemption makes it much more likely that a judge could strike down that section of the order as unconstitutional.
...
Lawyers for the potential challengers pointed to court rulings that said the federal government can only withhold funds to local jurisdictions if the money is directly tied to the behavior it objects to.
The Trump administration cannot cut funds for sanctuary cities' healthcare and education while preserving money for police, since those jobs relate more closely to immigration enforcement, said Richard Doyle, city attorney in San Jose, California. He said it was not clear whether existing federal funding or only future grants would be targeted.
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