University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name City and County of San Francisco v. Sessions III IM-CA-0132
Docket / Court 3:18-cv-05146-JCS ( N.D. Cal. )
State/Territory California
Case Type(s) Immigration and/or the Border
Special Collection Civil Rights Challenges to Trump Immigration Enforcement Orders
Case Summary
On August 22, 2018, the city and county of San Francisco filed this lawsuit in the Northern District of California. San Francisco, represented by the city attorney, sued Attorney General Jeff Sessions, the Acting Assistant Attorney General, the United States Department Justice (DOJ), and dozens of ... read more >
On August 22, 2018, the city and county of San Francisco filed this lawsuit in the Northern District of California. San Francisco, represented by the city attorney, sued Attorney General Jeff Sessions, the Acting Assistant Attorney General, the United States Department Justice (DOJ), and dozens of unnamed defendants also allegedly responsible for unconstitutionally conditioning the acceptance of federal funding. San Francisco claimed that this violated the Spending Clause, Separation of Powers Doctrine, and the Tenth Amendment to the United States Constitution, and sought declaratory and injunctive relief.

San Francisco alleged that the defendants withheld Byrne JAG funds (federal funds that go to a number of programs in San Francisco) by stating that San Francisco could not accept these funds unless they attested that the city would not prohibit or restrict the sending or receiving of information regarding the citizenship or immigration status of any individual to federal government officials. Additionally, San Francisco alleged that the government extorted "sanctuary jurisdictions" like it by conditioning federal funding on the promise that the city would not impede the exercise of the federal government’s authority with respect to criminal immigration investigations. Failure to cooperate would have denied the city up to $1.4 million in Byrne JAG funds for the year. These statutes would require San Francisco to ensure that Immigration and Customs Enforcement (ICE) agents had unfettered access to the city's jails. San Francisco claimed that compliance conflicted with existing state and county laws.

On December 21, 2018, the City and County of San Francisco moved for summary judgment. Oral argument on that motion was scheduled for February 13, 2019. The case is still ongoing.

Cianan Lesley - 01/31/2019


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Issues and Causes of Action
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Issues
Constitutional Clause
Federalism
Defendant-type
Law-enforcement
Immigration/Border
Constitutional rights
Criminal prosecution
Sanctuary city/state
Plaintiff Type
City/County Plaintiff
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) The Attorney General of the United States
Plaintiff Description The City and County of San Francisco
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Filing Year 2018
Case Ongoing Yes
Case Listing IM-CA-0085 : City and County of San Francisco v. Trump (N.D. Cal.)
Additional Resources
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  Implementation of Executive Order 13768, "Enhancing Public Safety in the Interior of the United States
The Washington Post
Date: May 22, 2017
By: Jefferson Sessions (U.S. Department of Justice)
[ Detail ] [ External Link ]

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

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

  Executive Order 13767: Border Security and Immigration Enforcement Improvements
Federal Register
Date: Jan. 27, 2017
By: President Donald Trump (Office of the President)
Citation: 82 Fed. Reg. Presidential Documents 8793 (Jan. 27, 2017)
[ Detail ] [ PDF ]

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

Docket(s)
3:18-cv-5146 (N.D. Cal.)
IM-CA-0132-9000.pdf | Detail
Date: 01/16/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-CA-0132-0001.pdf | Detail
Date: 08/22/2018
Source: PACER [Public Access to Court Electronic Records]
Amended Complaint [ECF# 22]
IM-CA-0132-0002.pdf | Detail
Date: 11/01/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Orrick, William Horsley III (N.D. Cal.)
IM-CA-0132-9000
Spero, Joseph C. (N.D. Cal.) [Magistrate]
IM-CA-0132-9000
Plaintiff's Lawyers Eisenberg, Sara J. (California)
IM-CA-0132-0001 | IM-CA-0132-0002 | IM-CA-0132-9000
Flynn, Ronald P. (California)
IM-CA-0132-0001 | IM-CA-0132-0002 | IM-CA-0132-9000
Herrera, Dennis J. (California)
IM-CA-0132-0001 | IM-CA-0132-0002 | IM-CA-0132-9000
McGrath, Aileen M. (California)
IM-CA-0132-0001 | IM-CA-0132-0002
Mere, Yvonne Rosil (California)
IM-CA-0132-0001 | IM-CA-0132-0002 | IM-CA-0132-9000
Smith, Jesse C. (California)
IM-CA-0132-0001 | IM-CA-0132-0002
Steeley, Tara M. (California)
IM-CA-0132-0001 | IM-CA-0132-0002 | IM-CA-0132-9000
Defendant's Lawyers Simpson, W. Scott (District of Columbia)
IM-CA-0132-9000

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