Judge cites Trump's comment in 'sanctuary city' ruling

U.S. District Judge William Orrick issued the temporary ruling Tuesday in a lawsuit over the executive order targeting sanctuary cities, including NY.

Stung by his second major setback on immigration, President Donald Trump on Wednesday slammed as "ridiculous" a court order blocking his attempt to deny cities harboring undocumented immigrants billions in federal funding.

"Out of our very big country, with many choices, does everyone notice that both the "ban" case and now the "sanctuary" case is brought in the Ninth Circuit, which has a bad record of being overturned (close to 80%)".

Ninth Circuit judges also knocked down Trump's order temporarily halting the USA entry of refugees and nationals from several countries in Africa and the Middle East. Orrick does not sit on that court but his district is in the territory of the appeals court, which has ruled against one version of Trump's travel ban.

White House spokesman Sean Spicer said Wednesday on Fox News that "anybody that's got a basic understanding of the Constitution" would agree with Trump and disagree with the judge, a former Justice Department attorney.

In his 49-page opinion Tuesday, Orrick sided with Santa Clara County and the city and county of San Francisco in their challenge to Trump's sanctuary cities executive order.

Judge Orrick said his order did not block the government from putting conditions on federal grants or stop it from devising a definition of what a sanctuary jurisdiction is.

If Trump is right about the ultimate destination of the sanctuary cities case, he'll face a court reinforced by his own nominee, conservative Justice Neil Gorsuch.

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"The Constitution vests the spending powers in Congress, not the president, so the order can not constitutionally place new conditions on federal funds", he said. "It's outrageous", Trump said to the Washington Examiner in an interview at the White House.

Critics say authorities endanger public safety when they decline to hand over for deportation illegal immigrants arrested for crimes, while supporters argue that enlisting police cooperation to round up immigrants for removal undermines trust in local police, particularly among Latinos.

It's a case potentially headed for a Supreme Court whose newest member had to distance himself from Trump's prior judiciary bashing.

But Orrick said in his ruling that the president can not set new conditions on spending approved by Congress.

Among his many problems, our President doesn't know difference b/w "the Ninth Circuit" and a U.S. District Court.

In the last Supreme Court term, the 9th Circuit came in second on that score.

Judge Orrick said that the language of the executive order made clear it sought to withhold funds beyond law enforcement.

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