Attorneys for Santa Clara County filed a lawsuit Feb. 3 in federal court challenging President Donald Trump’s Jan. 25 executive order that withholds federal funds to municipalities that do not assist the federal government in the deportation of millions of immigrants.
The executive order expands the federal government’s deportation priorities to include millions of undocumented immigrants who have not been convicted of any crimes, places discretion on who to deport in the hands of federal agents instead of judges and threatens the safety of local communities, according to the county’s press release
“The President’s order is an unconstitutional attempt to coerce state and local governments into assisting with mass deportation,” said County Counsel James R. Williams. “We will resist any effort to illegally withhold funding for critical county services that support the health, safety and well-being of all our residents.”
The lawsuit was filed by the Office of the County Counsel and Keker, Van Nest & Peters LLP, which is representing the county on a pro bono basis. It challenges the Trump Administration order on numerous grounds, arguing that coercing cities and counties to cooperate with federal deportation efforts by threatening to withhold unrelated federal funding violates the Constitution.
Notably, the president’s order seeks to require counties to comply with “civil detainer requests” issued by Immigration and Customs Enforcement directing local authorities to hold certain immigrants in county jail beyond the time allowed by law, a practice that federal courts have held is unconstitutional, according to the county’s press release.
President Trump’s threat to withhold federal funding would jeopardize critical county services such as health care, mental health services, public safety and early childhood education programs, according to county staff.
“Santa Clara County, the home of Silicon Valley, is a welcoming community that embraces immigrants and we will resist any effort to divide us,” said Dave Cortese, President of the Board of Supervisors. “Immigrants contribute to the very fabric of our nation and we will not stand by while the Trump Administration seeks to impose un-American and illegal policies that undermine our values.”
The county’s lawsuit seeks to enjoin the Trump Administration from withholding federal funds from states, cities, and counties that are targeted by the order.
