Trump order threatens funding freeze on 'sanctuary cities'

Jim Lo Scalzo/Bloomberg

President Donald Trump Monday ordered the Justice Department to compile a list of cities and states he deems to be obstructing federal immigration enforcement and reiterated his earlier threat to withhold funds if they don't change their policies.

Attorney General Pam Bondi and Secretary of Homeland Security Kristi Noem have one month to compile the list under the executive order, which is Trump's 142nd order since taking office 100 days ago — a record number. The agencies will then notify the targeted cities and "pursue all necessary legal remedies and enforcement measures to bring non-compliant jurisdictions into compliance." The order names Massachusetts and Philadelphia as two entities that defied federal immigration laws by releasing people in the U.S. illegally. Chicago, New York City, Denver and Los Angeles are also considered sanctuary cities as they limit their cooperation with U.S. Immigration and Customs Enforcement.

"Sanctuary jurisdictions that do not comply with federal law may lose federal funding," the order says.

"It's quite simple: obey the law, respect the law, and don't obstruct federal immigration officials and law-enforcement officials when they are simply trying to remove public safety threats from our nation's communities," White House press secretary Karoline Leavitt said Monday at a press briefing.

The order came days after a federal judge granted a preliminary injunction halting an earlier Trump order and accompanying DOJ memo that directed federal agencies to withhold funds from a group of sanctuary cities and counties.

A group of 16 local governments sued to block the executive orders and DOJ directive to the extent that they mandate withholding federal funding. U.S. District Judge William Orrick said in his April 24 order that the administration is prohibited "from directly or indirectly taking any action to withhold, freeze, or condition federal funds" and that it must provide written notice of his order to all federal departments and agencies by Monday.

"At a time when we continue to see tremendous federal overreach, the court's ruling affirms that local governments can serve their mission and maintain trust with the communities they care for," said Tony LoPresti, counsel for Santa Clara County, in a statement.

The same issue played out during Trump's first term. A federal appeals court ruled in 2020 that the administration could withhold certain criminal justice grants to sanctuary cities, overturning a lower court order. The Obama administration also enacted policies to reign in sanctuary jurisdictions.

Transportation Secretary Sean Duffy last Thursday warned that states and cities may lose their transportation grants if they don't comply with federal immigration and anti-diversity, equity and inclusion policies.