San Francisco ratcheted up its opposition to President Donald J. Trump Tuesday with a lawsuit against his executive order that directs the withholding of federal funds from so-called sanctuary cities. City Attorney Dennis Herrera filed the suit in U.S. District Court in Northern California—the first of many legal challenges expected over Trump’s stance on cities that limit cooperation with federal immigration authorities.
Herrera is citing a violation of the Constitution’s 10th Amendment which protects states’ rights.
“Not only is it unconstitutional, it’s un-American,” Herrera said at a news conference. “It is necessary to defend the people of this city, this state and this country from the wild overreach of a president whose words and actions have thus far shown little respect for our Constitution or the rule of law.”
Many experts have said that the Trump Administration will run into a 10th Amendment violation issue, as it cannot compel localities to enforce federal immigration law. But proponents of Trump’s sanctuary city policy point to a number of court decisions to argue that the federal government can use financial incentives to encourage compliance.
San Francisco’s sanctuary city policy has been in place since 1989 and was stepped up again in 2013. Two years later, a 32-year-old woman was shot and killed by a Mexican national and repeat felon who was in the country illegally. He had recently been arrested and ICE officials said they had been seeking a detainer. San Francisco officials refused to hold him, in part because of their policies on undocumented immigrants. The incident became a cause célèbre for Donald Trump, who had just announced his candidacy for president in a firey speech denouncing illegal immigration.
In addition to the lawsuit, the San Francisco Board of Supervisors unanimously passed a resolution Tuesday reaffirming its opposition to the administration’s immigration policies, including a recent temporary ban on refugees. The Board is encouraging nonprofits and businesses to donate money and legal assistance to any immigrants affected by the new administration’s executive decrees.