University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name County of Santa Clara v. Trump IM-CA-0089
Docket / Court 5:17-cv-00574 ( 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 Feb. 3, 2017 by the County of Santa Clara, challenges President Trump’s Jan. 25, 2017 Executive Order "directing reprisals against state, local, and municipal governments that he deems to be so-called 'sanctuary jurisdictions.'" The complaint was filed in the U.S. District ... read more >
This action, filed Feb. 3, 2017 by the County of Santa Clara, challenges President Trump’s Jan. 25, 2017 Executive Order "directing reprisals against state, local, and municipal governments that he deems to be so-called 'sanctuary jurisdictions.'" The complaint was filed in the U.S. District Court for the Northern District of California; Santa Clara is represented by John Keker, of Keker & Van Nest.

According to the complaint, the EO allows the federal government to deny these localities federal funding without stipulating qualifications for the federal government to use in designating a jurisdiction as being a "sanctuary." Further, the EO does not grant the right for judicial review or require the federal government to issue notice to such jurisdiction. The complaint alleges that the EO is a "grab for power that never has, does not, and cannot belong to the President or the executive branch" and as such it violates constitutional separation of powers, the Fifth Amendment due process right, and the Tenth Amendment. The complaint seeks declaratory and injunctive relief.

The case is ongoing.

Virginia Weeks - 02/04/2017


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
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 County of Santa Clara
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 Re: Enforcement of the Immigration Laws to Serve the National Interest (Final, 2/20/2017)
dhs.gov
Posted: 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
Posted: Feb. 20, 2017
By: DHS Secretary John Kelly (United States Department of Homeland Security)
[ Detail ] [ PDF ] [ External Link ]

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

  Executive Order 13767: Border Security and Immigration Enforcement Improvements
Federal Register
Posted: Jan. 27, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ PDF ]

Docket(s)
5:17-cv-574 (N.D. Cal.) 02/05/2017
IM-CA-0089-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
[ECF#1] Complaint for Declaratory and Injunctive Relief 02/03/2017
IM-CA-0089-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Keker, John Watkins (California)
IM-CA-0089-0001 | IM-CA-0089-9000
Williams, James R. (California)
IM-CA-0089-0001
Defendant's Lawyers None on record
Other Lawyers None on record

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