University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name City and County of San Francisco v. Trump IM-CA-0085
Docket / Court 4:17-cv-00485 ( N.D. Cal. )
State/Territory California
Case Type(s) Immigration
Special Collection Civil Rights Challenges to Trump Immigration Enforcement Orders
Case Summary
This action, filed by the City of San Francisco on Jan. 31, 2017, challenges President Trump’s Jan. 25, 2017 https://www.gpo.gov/fdsys/pkg/FR-2017-01-30/pdf/2017-02102.pdf">Executive Order to withhold federal funds from "sanctuary jurisdictions" and take enforcement action ... read more >
This action, filed by the City of San Francisco on Jan. 31, 2017, challenges President Trump’s Jan. 25, 2017 https://www.gpo.gov/fdsys/pkg/FR-2017-01-30/pdf/2017-02102.pdf">Executive Order to withhold federal funds from "sanctuary jurisdictions" and take enforcement action against any locality that impedes the federal government's immigration law. The City filed its complaint in the U.S. District Court for the Northern District of California.

The complaint argued that this issue was one of "state sovereignty and a local government’s autonomy to devote resources to local priorities and to control the exercise of its own police powers, rather than being forced to carry out the agenda of the Federal government." The City alleged that the executive order violated the Tenth Amendment. The complaint addresses 8 U.S.C. § 1373, which provides that a local government entity cannot prohibit or restrict communication between government entities or officials and the Immigrant and Naturalization Service. After asserting its compliance with the statute, the complaint alleged that the U.S. had begun to designate noncompliant cities as sanctuary cities and that San Francisco had been designated as such. The complaint asserted that § 1373 unconstitutionally regulates states and that San Francisco stood to be harmed by the executive order.

The complaint sought declaratory and injunctive relief. Specifically, plaintiffs asked for a declaration that San Francisco complies with 8 U.S.C. § 1373, that 8 U.S.C. § 1373(a) violates the Tenth Amendment, and that the executive order's enforcement directive violates the Tenth Amendment.

The case was assigned to Magistrate Judge Donna Ryu. The case is ongoing.

Virginia Weeks - 02/01/2017


compress summary

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Issues and Causes of Action
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Issues
General
Terrorism/Post 9-11 issues
Plaintiff Type
City/County Plaintiff
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) United States
Plaintiff Description City of San Francisco
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Links Executive Order 13767: Border Security and Immigration Enforcement Improvements
Federal Register
Written: Jan. 27, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ PDF ]

  Executive Order 13768: Enhancing Public Safety in the Interior of the United States
Federal Register
Written: Jan. 25, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ PDF ] [ External Link ]

  Re: Enforcement of the Immigration Laws to Serve the National Interest (Final, 2/20/2017)
dhs.gov
Written: Feb. 20, 2017
By: DHS Secretary John Kelly (United States Department of Homeland Security)
[ Detail ] [ PDF ] [ External Link ]

  Re: Implementing the President's Border Security and Immigration Enforcement Improvements Policies (Final, 2/20/2017)
dhs.gov
Written: Feb. 20, 2017
By: DHS Secretary John Kelly (United States Department of Homeland Security)
[ Detail ] [ PDF ] [ External Link ]

Docket(s)
4:17-cv-00485-DMR (N.D. Cal.) 02/03/2017
IM-CA-0085-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
[ECF #1] Complaint for Declaratory and Injunctive Relief 01/31/2017
IM-CA-0085-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Ryu, Donna Miae Court not on record [Magistrate]
IM-CA-0085-9000
Monitors/Masters None on record
Plaintiff's Lawyers Eisenberg, Sara J. (California)
IM-CA-0085-0001 | IM-CA-0085-9000
Herrera, Dennis J. (California)
IM-CA-0085-0001
Lee, Mollie M. (California)
IM-CA-0085-0001 | IM-CA-0085-9000
Defendant's Lawyers None on record
Other Lawyers None on record

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