preliminary injunction

Judge rules Trump can’t deny funds to L.A., other ‘sanctuary’ cities

The Trump administration cannot deny funding to Los Angeles and 30 other cities and counties because of “sanctuary” policies that limit their cooperation with federal immigration agencies, a judge ruled late Friday.

The judge issued a preliminary injunction that expands restrictions the court handed down in April that blocked funding cuts to 16 cities and counties, including San Francisco and Santa Clara, after federal officials classified them as “sanctuary jurisdictions.”

U.S. District Judge William Orrick of the federal court in San Francisco ruled then that Trump’s executive order cutting funding was probably unconstitutional and violated the separation of powers doctrine.

Friday’s order added more than a dozen more jurisdictions to the preliminary injunction, including Los Angeles, Alameda County, Berkeley, Baltimore, Boston and Chicago.

Mayor Karen Bass’ office did not immediately respond to a request for comment.

In a statement, a spokesperson for the White House said the Trump administration expected to ultimately win in its effort on appeal.

“The government — at all levels — has the duty to protect American citizens from harm,” Abigail Jackson, a spokesperson for the White House, said in a statement. “Sanctuary cities interfere with federal immigration enforcement at the expense and safety and security of American citizens. We look forward to ultimate vindication on the issue.”

The preliminary injunction is the latest chapter in an ongoing effort by the Trump administration to force “sanctuary cities” to assist and commit local resources to federal immigration enforcement efforts.

Earlier this month, the U.S. Department of Justice published a list of what it determined to be sanctuary jurisdictions, or local entities that have “policies, laws, or regulations that impede enforcement of federal immigration laws.”

“Sanctuary policies impede law enforcement and put American citizens at risk by design,” Atty. Gen. Pamela Bondi said in a statement accompanying the published list.

Several cities and counties across the country have adopted sanctuary city policies, but specifics as to what extent they’re willing — or unwilling — to do for federal immigration officials have varied.

The policies typically do not impede federal officials from conducting immigration enforcement activities, but largely keep local jurisdictions from committing resources to the efforts.

The policies also don’t prevent local agencies from enforcing judicial warrants, which are signed by a judge. Cooperation on “detainers” or holds on jailed suspects issued by federal agencies, along with enforcement of civil immigration matters, is typically limited by sanctuary policies.

Federal officials in the suit have so far referred to “sanctuary” jurisdictions as local governments that don’t honor immigration detainer requests, don’t assist with administrative warrants, don’t share immigration status information, or don’t allow local police to assist in immigration enforcement operations.

Orrick noted that the executive orders threatened to withhold all federal funding if the cities and counties in question did not adhere to the Trump administration’s requests.

In the order, the judge referred to the executive order as a “coercive threat” and said it was unconstitutional.

Orrick, who sits on the bench in the Northern District of California, was appointed by former President Obama.

The Trump administration has been ratcheting up efforts to force local jurisdictions to assist in immigration enforcement. The administration has filed lawsuits against cities and counties, vastly increased street operations and immigration detentions, and deployed National Guard troops to Los Angeles as it increased immigration operations.

The U.S. Department of Justice in June sued Los Angeles, and local officials, alleging its sanctuary city law is “illegal.”

The suit alleged that the city was looking to “thwart the will of the American people regarding deportations” by enacting sanctuary city policies.

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An appeals court lets the Trump administration suspend or end billions in foreign aid

A divided panel of appeals court judges ruled Wednesday that the Trump administration can suspend or terminate billions of dollars of congressionally appropriated funding for foreign aid.

Two of three judges from the U.S. Court of Appeals for the District of Columbia Circuit concluded that grant recipients challenging the freeze did not meet the requirements for a preliminary injunction restoring the flow of money.

In January, on the first day of his second term in the White House, Republican President Trump issued an executive order directing the State Department and the U.S. Agency for International Development to freeze spending on foreign aid.

After groups of grant recipients sued to challenge that order, U.S. District Judge Amir Ali ordered the administration to release the full amount of foreign assistance that Congress had appropriated for the 2024 budget year.

The appeal court’s majority partially vacated Ali’s order.

Judges Karen LeCraft Henderson and Gregory Katsas concluded that the plaintiffs did not have a valid legal basis for the court to hear their claims. The ruling was not on the merits of whether the government unconstitutionally infringed on Congress’ spending powers.

“The parties also dispute the scope of the district court’s remedy but we need not resolve it … because the grantees have failed to satisfy the requirements for a preliminary injunction in any event,” Henderson wrote.

Judge Florence Pan, who dissented, said the Supreme Court has held “in no uncertain terms” that the president does not have the authority to disobey laws for policy reasons.

“Yet that is what the majority enables today,” Pan wrote. “The majority opinion thus misconstrues the separation-of-powers claim brought by the grantees, misapplies precedent, and allows Executive Branch officials to evade judicial review of constitutionally impermissible actions.”

The money at issue includes nearly $4 billion for USAID to spend on global health programs and more than $6 billion for HIV and AIDS programs. Trump has portrayed the foreign aid as wasteful spending that does not align with his foreign policy goals.

Henderson was nominated to the court by Republican President George H.W. Bush. Katsas was nominated by Trump. Pan was nominated by Democratic President Joe Biden.

Kunzelman writes for the Associated Press.

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Trump’s birthright citizenship order remains blocked as lawsuits march on after Supreme Court ruling

President Trump’s plan to end birthright citizenship for the children of people who are in the U.S. illegally will remain blocked as an order from one judge went into effect Friday and another seemed inclined to follow suit.

U.S. District Judge Joseph LaPlante in New Hampshire had paused his own decision to allow for the Trump administration to appeal, but with no appeal filed in the last week his order went into effect.

“The judge’s order protects every single child whose citizenship was called into question by this illegal executive order,” said Cody Wofsy, the ACLU attorney representing children who would be affected by Trump’s restrictions. “The government has not appealed and has not sought emergency relief so this injunction is now in effect everywhere in the country.”

The Trump administration could still appeal or even ask that LaPlante’s order be narrowed, but the effort to end birthright citizenship for children of parents who are in the U.S. illegally or temporarily can’t take effect for now.

The Justice Department didn’t immediately return a message seeking comment.

Meanwhile, a judge in Boston heard arguments from more than a dozen states who say Trump’s birthright citizenship order is blatantly unconstitutional and threatens millions of dollars for essential services. The issue is expected to move quickly back to the nation’s highest court.

U.S. District Judge Leo Sorokin was asked to consider either keeping in place the nationwide injunction he granted earlier or consider a request from the government either to narrow the scope of that order or stay it altogether. Sorokin, located in Boston, did not immediately rule but seemed to be receptive to arguments from states to keep the injunction in place.

Lawyers for the government had argued Sorokin should narrow the reach of his earlier ruling granting a preliminary injunction, arguing it should be “tailored to the States’ purported financial injuries.”

Much of the hearing was focused on what a narrower ruling would look like. The plaintiffs raised concerns that some alternatives floated by the Trump administration — such as giving children in states affected by the birthright citizenship order Social Security numbers, but not citizenship — would be costly and unworkable.

They said such a system would burden these states with having to set up new administrative systems, sow confusion among the parents whose children are affected and possibly turn these states into magnets for families from other states looking to access the benefits.

Government lawyers didn’t seem tied to any one alternative, but told Sorokin the scope of his injunction should be limited. When pressed on how they would do that, a lawyer for the government, Eric Hamilton, would only commit to complying with whatever order was issued.

“If the court modifies the preliminary injunction or stays the preliminary injunction, it should be at most tailored to injuries plaintiffs are alleging, which are primary financial,” Hamilton said.

Sorokin pushed back, at one point using an analogy of someone who sued a neighbor over loud music. The defendant offers to build a wall to limit the noise but Sorokin wondered how they could ensure it met the zoning code and was something the defendant could afford.

“What you are telling me is we will do it but, in response to my question, you have no answer how you will do it,” Sorokin said.

LaPlante issued the ruling last week prohibiting Trump’s executive order from taking effect nationwide in a new class-action lawsuit, and a Maryland-based judge said this week that she would do the same if an appeals court signed off.

The justices ruled last month that lower courts generally can’t issue nationwide injunctions, but it didn’t rule out other court orders that could have nationwide effects, including in class-action lawsuits and those brought by states. The Supreme Court did not decide whether the underlying citizenship order is constitutional.

At the heart of the lawsuits is the 14th Amendment to the Constitution, which was ratified in 1868 after the Civil War and the Dred Scott Supreme Court decision. That decision found that Scott, an enslaved man, wasn’t a citizen despite having lived in a state where slavery was outlawed.

The Trump administration has asserted that children of noncitizens are not “subject to the jurisdiction” of the United States and therefore not entitled to citizenship.

Casey writes for the Associated Press.

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Federal judge orders U.S. Labor Department to keep Job Corps running during lawsuit

A federal judge on Wednesday granted a preliminary injunction to stop the U.S. Department of Labor from shutting down Job Corps, a residential program for low-income youths, until a lawsuit against the move is resolved.

The injunction bolsters a temporary restraining order U.S. District Judge Andrew Carter issued this month when he directed the Labor Department to cease removing Job Corps students from housing, terminating jobs or otherwise suspending the nationwide program without congressional approval.

Founded in 1964, Job Corps aims to help teenagers and young adults who struggled to finish traditional high school and find jobs. The program provides tuition-free housing at residential centers, training, meals and healthcare.

“Once Congress has passed legislation stating that a program like the Job Corps must exist, and set aside funding for that program, the DOL is not free to do as it pleases; it is required to enforce the law as intended by Congress,” Carter wrote in the ruling.

Labor Department spokesperson Aaron Britt said the department was working closely with the Department of Justice to evaluate the injunction.

“We remain confident that our actions are consistent with the law,” Britt wrote in an email.

The Labor Department, led by Secretary Lori Chavez-DeRemer, said in late May that it would pause operations at all contractor-operated Job Corps centers by the end of June. It said the publicly funded program yielded poor results for its participants at a high cost to taxpayers, citing low student graduation rates and growing budget deficits.

“Secretary DeRemer rightfully paused funding to reassess underperforming programs, operating in a $140 million deficit, with massive safety concerns at Job Corps centers,” Taylor Rogers, a White House spokesperson, said in an email. “The district court lacked jurisdiction to enter its order, and the Trump Administration looks forward to ultimate victory on the issue.”

The judge rejected the department’s claims that it did not need to follow a congressionally mandated protocol for closing down Job Corps centers because it wasn’t closing the centers, only pausing their activities.

“The way that the DOL is shuttering operations and the context in which the shuttering is taking place make it clear that the DOL is actually attempting to close the centers,” Carter wrote.

The harm faced by some of the students served by the privately run Job Corps centers is compelling, the judge said. Carter noted that one of the students named as a plaintiff in the lawsuit lives at a center in New York.

If the Job Corps program is eliminated, she would lose all the progress she’s made toward earning a culinary arts certificate and “will immediately be plunged into homelessness,” the judge wrote. That’s far from the “minor upheaval” described by government lawyers, he said.

The AFL-CIO’s Transportation Trades Department said the decision prevents any Job Corps center closures, job terminations or student removals, pending legislative action. “The law is clear: a federal agency cannot unilaterally dismantle a congressionally-mandated program like Job Corps,” the group said in a statement. “The students who enter the Job Corps program are the embodiment of the American dream: that if you work hard, no matter your beginnings, you can achieve success. We are proud of these students and of the Job Corps program.”

As the centers prepared to close, many students were left floundering. Some moved out of the centers and into shelters for homeless people.

“Many of these young people live in uncertainty, so it takes time to get housing and restore a lot of those supports you need when you’ve been away from your community for so long,” said Edward DeJesus, chief executive of Social Capital Builders, a Maryland-based educational consulting firm that provides training on relationship building at several Job Corps sites. “So the abrupt closure of these sites is really harmful for the welfare of young adults who are trying to make a change in their lives.”

The National Job Corps Assn., a nonprofit trade organization made up of business, labor, volunteer and academic organizations, sued to block the suspension of services, alleging it would displace tens of thousands of vulnerable young people and force mass layoffs.

The attorneys general of 20 states filed an amicus brief supporting the group’s motion for a preliminary injunction in the case.

Monet Campbell learned about the Job Corps’ center in New Haven, Conn., while living in a homeless shelter a year ago. The 21-year-old has since earned her certified nursing assistant license and phlebotomy and electrocardiogram certifications through Job Corps, and works at a nursing home.

“I always got told all my life, ‘I can’t do this, I can’t do that.’ But Job Corps really opened my eyes to, ‘I can do this,’” said Campbell, who plans to start studying nursing at Central Connecticut State University in August.

The program has been life-changing in other ways, she said. Along with shelter and job training, Campbell received food, mental health counseling, medical treatment and clothing to wear to job interviews.

“I hadn’t been to the doctor’s in a while,” she said. “I was able to do that, going to checkups for my teeth, dental, all that. So they really just helped me with that.”

Campbell said she and other Job Corps participants in New Haven feel like they’re in limbo, given the program’s possible closure. They recently had to move out for a week when the federal cuts were initially imposed, and Campbell stayed with a friend.

There are 123 Job Corps centers in the U.S., the majority of them operated by private organizations under agreements with the Department of Labor. The private centers serve more than 20,000 students across the U.S., according to the lawsuit.

Bussewitz writes for the Associated Press. AP writers Susan Haigh in Hartford and Rebecca Boone in Boise, Idaho, contributed to this report.

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