County of Santa Clara Tries to Obtain Preliminary Ban to Prevent President Trump's Unlawful Executive Directive
SANTA CLARA COUNTY, Calif., February 23: The County of Santa
Clara urged a federal court to stop the Trump Administration from executing an unlawful
executive directive divesting all federal subsidy from state as well as local
"sanctuary jurisdictions." The Executive Order could divest the
County of approximately $1.7 billion in yearly federal and federally contingent
subsidies assured for crucial health, welfare, as well as security facilities.
The County filed an initial sanction motion as component of the County's
lawsuit questioning the President's January 25, 2017 Executive Order.
Numerous crucial County facilities rely on federal subsidy, comprising
the Santa Clara Valley Medical Center, the only safety-net hospital in Santa
Clara County; elementary food as well as nourishment advantages for infants,
children, families, and seniors; housing and community expansion; highway formation
and construction; and safety, crisis reaction, and anti extremism endeavors.
"We are defending Santa Clara County's core values and
the values of so many cities and counties across the nation," stated Dave
Cortese, President of the Board of Supervisors, adding, "There is no
justification for withholding nearly $1.7 billion in funds used to deliver
essential County services such as medical care for infants and children simply
because our County adopted policies that reflect the welcoming, inclusive
values of our community."
The County's submission, filed by the Office of the County
Counsel together with pro bono counsel Keker, Van Nest & Peters LLP, contests
the Executive Order as a blatantly unauthorized attempt to force the County,
and other state and local governments, to partake in the Trump Administration's
extended federal immigration application and banishment attempts. Quoting proof
concerning the direct damage the County would encounter if federal subsidies were
withdrawn, the County's motion tries to obtain prompt federal court interference
to prevent the Trump Administration from refusing federal subsidy from the
County and its 1.9 million residents.
"Implementation of the President's unconstitutional
order would cause significant and irreparable harm to the County and its
residents," stated County Counsel James R. Williams, adding, “We are
seeking a preliminary injunction now to protect the County from the President's
willful disregard of the limits on his power imposed by the United States
Constitution. Our founders wisely
crafted a Constitution that protects state and local governments from any
President's efforts to use federal funding as a weapon to dictate how local
resources are used. This lawsuit seeks to affirm that basic American
principle—regardless of one's views on any specific local policy."
"Santa Clara County residents rely on federal funds to
deliver essential public health and safety services," revealed County
Executive Jeffrey V. Smith, M.D., J.D, adding, “We will fight any attempt to
prevent us from continuing to deliver these services, and will stand strong on
behalf of the diverse community we serve."
"President Trump's Executive Order violates the
Constitution and harms states and local governments across the country," stated
Cody Harris, a partner at Keker, Van Nest & Peters, adding, "The
County of Santa Clara requires prompt injunctive relief so it can continue to
provide essential services to its residents without the unconstitutional threat
of defunding hanging over it."
The County's motion tries to attempt a speedy countrywide ban
that would forbid the Trump Administration from refusing federal funds from any
of the states, cities, as well as counties that are embattled by the Executive
Order.
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