Santa Clara County legal representatives are attempting to block the Trump Administration from implementing an executive order stripping all federal funding form state and local “sanctuary jurisdictions,” according to a Feb. 23 announcement.
County officials are calling the order “unconstitutional” and have filed a preliminary injunction motion as part of their lawsuit with federal court to seek action against Trump’s Jan. 25 executive order.
The executive order could deprive the county of nearly $1.7 billion in annual federal and federally contingent funds promised for critical health, welfare and safety services, according to the county’s report.
Many critical county services depend on federal funding, including the Santa Clara Valley Medical Center, the only safety-net hospital in Santa Clara County; basic food and nutrition benefits for infants, children, families and seniors; housing and community development; highway planning and construction; and security, emergency-response and counter-terrorism efforts.
“We are defending Santa Clara County’s core values and the values of so many cities and counties across the nation,” said Dave Cortese, President of the Board of Supervisors. “There is no justification for withholding nearly $1.7 billion in funds used to deliver essential county services such as medical care for infants and children simply because our county adopted policies that reflect the welcoming, inclusive values of our community.”
Morgan Hill, which is not a sanctuary city, received $440,745 from the Federal Emergency Management Agency (FEMA) for Fire/PD equipment in Fiscal Year 15-16, according to Assistant City Manager Christina Turner. For FY16-17, the city is budgeted to receive $1,379,000 from the One Bay Area Street Grant, which is a pass-through from Metropolitan Transportation Commission (MTC), for pavement rehabilitation, Turner added. Fortunately, these funds would not be affected by the executive order.
The county’s motion, filed by the Office of the County Counsel jointly with pro bono counsel Keker, Van Nest & Peters LLP, challenges the executive order as an unconstitutional effort to coerce the county, and other state and local governments, to participate in the Trump Administration’s expanded federal immigration enforcement and deportation efforts.
Citing evidence regarding the immediate harm the county would face if federal funds were withheld, the motion seeks speedy federal court intervention to block the Trump Administration from withholding federal funding from the county and its 1.9 million residents, according to the Feb. 23 press release.
“Implementation of the President’s unconstitutional order would cause significant and irreparable harm to the county and its residents,” said County Counsel James R. Williams. “This lawsuit seeks to affirm that basic American principle—regardless of one’s views on any specific local policy.”
The county’s motion seeks an immediate nationwide injunction that would prohibit the Trump Administration from withholding federal funds from any of the states, cities and counties that are targeted by the executive order.
