San Francisco City Attorney David Chiu has announced that the City and County of San Francisco are co-leading a lawsuit with Santa Clara County. This legal action challenges the Trump administration’s recent directives aimed at sanctuary jurisdictions. The goal of the lawsuit is to maintain local control and safeguard public safety.
The lawsuit targets Executive Order 14159 along with recent memos issued by the US Department of Justice (DOJ). These documents threaten to withhold federal funds from sanctuary jurisdictions and propose prosecuting local officials who do not comply with federal immigration enforcement. San Francisco and Santa Clara County are seeking a declaration of these actions as unconstitutional and an injunction to prevent their enforcement.
According to Chiu, the recent directives suggest federal agencies should investigate and potentially prosecute local authorities adhering to sanctuary policies, which typically limit cooperation with federal immigration enforcement. These policies are intended to allocate local law enforcement resources toward preventing crime rather than handling immigration duties. Supporters argue that this approach fosters trust and cooperation within communities.
Santa Clara County Counsel Tony LoPresti pointed out that the Tenth Amendment of the US Constitution prohibits federal “commandeering” of local law enforcement. He stated, “The federal government can’t commandeer our local resources and law enforcement to enforce mass deportation.”
The lawsuit also contends that the executive actions infringe upon the Spending Clause, the separation of powers doctrine, and the Fourteenth Amendment’s Due Process Clause. It further alleges violations of the Administrative Procedure Act.
In previous litigation against the Trump administration, San Francisco and Santa Clara County successfully challenged similar measures targeting sanctuary cities, with the US Court of Appeals for the Ninth Circuit ruling against the imposition of immigration-related conditions on federal funding.
Chiu and LoPresti argue that sanctuary policies enhance public safety by fostering trust between law enforcement and immigrant communities, thereby encouraging the reporting of crimes without fear of immigration consequences. LoPresti emphasized that these policies are crucial for maintaining trust and security, stating, “The federal government can’t weaponize federal funding to deviate us from our commitment.”
Police associations in California have echoed these sentiments, asserting that pressuring local officers into acting as federal immigration agents undermines their primary objective of crime prevention and resolution.
The potential withholding of billions of dollars in federal funds from vital services is a significant concern for San Francisco and Santa Clara, especially considering their reliance on these resources for public health, safety, and infrastructure. Several other cities and counties, including New Haven, Connecticut; Portland, Oregon; and King County, Washington; have joined in the lawsuit. As the case progresses, the number of participating jurisdictions is likely to grow. LoPresti expressed confidence in the outcome, stating, “We litigated before, and we prevailed. We are litigating again, and we will prevail again.”