Sanctuary Cities

The Trump Administration has threatened to punish state and local governments that decline to cooperate with federal officials in immigration enforcement.

Updates | The Week of October 2, 2017

10/8/17  //  Daily Update

Los Angeles filed suit against the Department of Justice, arguing that withholding funds based on the city's immigration policies is unconstitutional. California enacted legislation making the state a "sanctuary state."

Updates | The Week of September 25, 2017

10/1/17  //  Daily Update

The Fifth Circuit will permit Texas to enforce its anti-sanctuary-city statute while the challenge to the statute is pending. California lawmakers passed a "sanctuary state" bill.

Updates | The Week of September 18, 2017

9/24/17  //  Daily Update

A federal court granted a nationwide injunction against the administration's effort to withhold federal funding from sanctuary cities. Attorney General Jeff Sessions criticized California's new bill providing some protections to undocumented immigrants.

The Stakes for Civil Rights in the Funding Fight Over Sanctuary Cities

9/21/17  //  In-Depth Analysis

There's reason to be wary of the argument that Congress has to “unambiguously” state funding conditions in the text of statutes.

Leah Litman

U.C. Irvine School of Law

More Empty Threats: The Trump Administration’s Latest Attack on Sanctuary Cities

9/13/17  //  Commentary

With the threatened rescission of DACA, it is all the more important that courts enforce statutory and constitutional limits on executive authority.

Seth Davis

U.C. Irvine School of Law

Updates | The Week of August 28, 2017

9/3/17  //  Daily Update

Trump's pardon of former sheriff Joe Arpaio sets off a firestorm; another battle over Trump's immigration ban is heard by the Ninth Circuit; and investigators and journalists turn up more evidence of Trump's business dealings with Russia.

Updates | The Week of July 31, 2017

8/6/17  //  Daily Update

The Department of Justice threatened four sanctuary cities with federal funding ineligibility.

Updates | The Week of July 24, 2017

7/30/17  //  Daily Update

A Massachusetts court issued a ruling in effect turning the Commonwealth into a sanctuary state. Commentary continued on the federal effort to defund sanctuary cities.

Versus Trump: The Healthcare Episode

6/1/17  //  Commentary

On a new episode of Versus Trump, Take Care's podcast, Easha and Jason dig into healthcare for the first time, as they take a deep dive into the House v. Price litigation that addresses whether certain payments to insurers under the Affordable Care Act have been properly appropriated. They also debate immigration rhetoric vs. action and discuss drug testing for unemployment benefits. Listen now!

Easha Anand

San Francisco

Sessions Retreats, but Doesn’t Surrender, on Sanctuary Cities

5/23/17  //  Quick Reactions

Yesterday, AG Sessions issued his official interpretation of the executive order President Trump issued in January regarding sanctuary cities. The interpretation is notable for its narrowness. But ultimately, the memorandum is more of a retreat than a surrender.

Nikolas Bowie

Harvard Law School

Analyzing Trump's Reaction to the First Sanctuary City Ruling

4/27/17  //  Commentary

Why did Trump bash a judicial decision blocking an order that, if you believe his own lawyers, does nothing, changes nothing, and likely won't be applied to anybody?

Joshua Matz

Publisher

Embracing Federalism

3/16/17  //  Commentary

It is time for progressives to embrace federalism and to use Supreme Court precedents protecting states’ rights to fight against Trump administration policies

Erwin Chemerinsky

U.C. Irvine School of Law

An Unconstitutional Threat to Sanctuary Cities

3/21/17  //  Commentary

DOJ argues that courts can't hear challenges to Trump's executive order threatening to punish sanctuary cities. Its arguments are wrong and prove that Trump's policy is illegal.

Nikolas Bowie

Harvard Law School

Santa Clara v. Trump and the Perils of the Gestural Presidency

4/26/17  //  Quick Reactions

If we had a president less concerned with posing as a man of action and more as the fiduciary taking care that the laws be faithfully executed, he would probably do better in court. I don't foresee him changing course.

Peter M. Shane

Ohio State, Moritz College of Law

A Powerful Statement by the California Chief Justice

3/20/17  //  Quick Reactions

In urging the Attorney General to cease using state courthouses as bait for undocumented migrants, the California Chief Justice displayed admirable bravery and commitment to the rule of law.

Laurence H. Tribe

Harvard Law School

With Sanctuary Cities, the Apprentice is Now the Biggest Loser

4/26/17  //  Quick Reactions

If Trump keeps tweeting his lawyers will have their work cut out for them

Nikolas Bowie

Harvard Law School

A Texan Attack on Sanctuary Cities

5/4/17  //  Commentary

Sanctuary cities now face another threat much closer to home: their own state governments. And it will come as no surprise that the Lone Star State has led the way in seeking to shut down local efforts at protecting the dignity of undocumented migrants.

Laurence H. Tribe

Harvard Law School

The Federal Statute on Sanctuary Cities Doesn’t Say What the Trump Administration Thinks It Says

4/27/17  //  Commentary

The statute, 8 U.S.C. § 1373(a), says nothing about Trump’s biggest complaint.

Nikolas Bowie

Harvard Law School

The Rule of Law Means Little If The President’s Word Means Nothing

4/26/17  //  Quick Reactions

In a new op-ed, I emphasize the importance of taking President Trump at his word–even as efforts to save his executive orders from his tweets inevitably push Trump's defenders to come up with new and creative reasons for ignoring Trump's public statements.

Joshua Matz

Publisher

The Attack on American Cities

4/7/17  //  Commentary

Trump's anti-urban rhetoric has fanned the flames of a war by state governments against progressive cities. We see this in battles over sanctuary cities, LGBT rights, gun regulation, employee rights. The time has come for a campaign on behalf of city power.

Richard C. Schragger

UVA School of Law

Trump Is Weakening His Only Defense of the Sanctuary Cities Order . . . by Enforcing It

4/24/17  //  Commentary

DOJ argues that Trump's orders threatening sanctuary cities can't be challenged because they remain speculative. But a recent volley of menacing letters from DOJ to sanctuary cities and counties, and to the State of California, has blasted a hole in DOJ's own defense.

Nikolas Bowie

Harvard Law School

Updates | The Week of June 19, 2017

6/25/17  //  Daily Update

Reports continue that sanctuary cities' efforts are working.

Updates | The Week of April 17, 2017

4/23/17  //  Daily Update

Texas state legislatures are cracking down on immigration and Attorney General Sessions may be disingenuous in citing violations of federal law by sanctuary cities.

Take Care

Updates | The Week of August 14, 2017

8/20/17  //  Daily Update

California joined San Francisco's sanctuary city suit against the administration. Attorney General Jeff Sessions criticized Chicago over its sanctuary city policies.

Updates | The Week of June 12, 2017

6/18/17  //  Daily Update

California's new budget prohibits municipalities from entering into contracts with ICE to house immigration detainees.

Updates | The Week of May 1, 2017

5/7/17  //  Daily Update

The Justice Department hasn't yet appealed the preliminary injunction against President Trump's executive order threatening sanctuary cities with loss of federal funds.

Updates | The Week of July 17, 2017

7/23/17  //  Daily Update

Attorney General Jeff Sessions misstated the findings of two major studies on sanctuary-city policies.

Updates | The Week of May 8, 2017

5/14/17  //  Daily Update

California is considering legislation to keep its data from ICE.

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

This week, Trump Administration suspended reports on sanctuary cities amid accuracy questions.

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

Sanctuary cities may become sanctuary states.

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

President Trump's continued focus on sanctuary cities poses legal problems, as cities like Seattle bring challenges on anti-commandeering grounds. In the meantime, the Trump Administration's immigration agenda is exacting an immediate harm.

Updates | The Week of July 10, 2017

7/16/17  //  Daily Update

Democrats in New York proposed new protections for undocumented immigrants.

Updates | The Week of April 24, 2017

4/30/17  //  Daily Update

Judge Orrick issued a preliminary injunction against the Administration's executive order against sanctuary cities. Meanwhile, Attorney General Sessions wrote to nine localities to ensure they are communicating with the federal government for immigration enforcement.

Updates | The Week of March 20, 2017

3/26/17  //  Daily Update

This week, commentators focused on the constitutionality of federal threats to withdraw funds from sanctuary cities.

Helen Klein Murillo

Harvard Law School '17