CCSF v. President Trump, et al; Case No. 17-00485 N:\CXLIT\LI2017\171027\01217123.docx

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DENNIS J. HERRERA, State Bar #139669

City Attorney

JESSE C. SMITH, State Bar #122517

Chief Assistant City Attorney

RONALD P. FLYNN, State Bar #184186

Chief Deputy City Attorney

YVONNE R. MERÉ, State Bar #173594

Chief of Complex and Affirmative Litigation

CHRISTINE VAN AKEN, State Bar #241755

TARA M. STEELEY, State Bar #231775

MOLLIE M. LEE, State Bar #251404 

SARA J. EISENBERG, State Bar #269303

AILEEN M. McGRATH, State Bar #280846

MATTHEW S. LEE, State Bar #295247

NEHA GUPTA, State Bar #308864

Deputy City Attorneys

City Hall, Room 234

1 Dr. Carlton B. Goodlett Place

San Francisco, California 94102-4602

Telephone: (415) 554-4748 

Facsimile: (415) 554-4715

E-Mail: brittany.feitelberg@sfgov.org

Attorneys for Plaintiff

CITY AND COUNTY OF SAN FRANCISCO

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CITY AND COUNTY OF SAN 

FRANCISCO,

Plaintiff,

vs.

DONALD J. TRUMP, President of the United 

States, UNITED STATES OF AMERICA, 

ELAINE C. DUKE, Acting Secretary of 

United States Department of Homeland 

Security, JEFFERSON B. SESSIONS III, 

Attorney General of the United States, DOES 

1-100,

Defendants.

Case No. 3:17-cv-00485-WHO

[PROPOSED] ORDER GRANTING CITY AND 

COUNTY OF SAN FRANCISCO’S MOTION 

FOR SUMMARY JUDGMENT, OR IN THE 

ALTERNATIVE, PARTIAL SUMMARY 

JUDGMENT

Date: October 4, 2017

Time: 2:00 p.m.

Judge: Honorable William H. Orrick

Department: Courtroom 2, 17th Floor

Date Filed: January 31, 2017

Trial Date: April 23, 2018

Case 3:17-cv-00485-WHO Document 158-1 Filed 08/30/17 Page 1 of 3
CCSF v. President Trump, et al; Case No. 3:17-cv00485-WHO

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On August 30, 2017, Plaintiff City and County of San Francisco (“San Francisco”) filed a 

Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment (“Motion”) and a 

hearing on this Motion was held on Wednesday, October 4, 2017, at 2:00 p.m.

Having considered the Motion and documents filed therewith, all of the papers on file in

this action, and the evidence and arguments presented at the hearing, the Court hereby GRANTS San

Francisco’s Motion and enters judgment in its favor as to each of its claims for relief [or, in the 

alternative, as to the following claims for relief] on the grounds that the undisputed evidence shows 

that: 

(1) San Francisco Administrative Code Chapters 12H and 12I comply with 8 U.S.C. § 1373. 

(2) Section 9(a) of Executive Order 13,768 contains a funding restriction that states:

[T]he Attorney General and the Secretary, in their discretion and to the extent 

consistent with law, shall ensure that jurisdictions that willfully refuse to 

comply with 8 U.S.C. 1373 (sanctuary jurisdictions) are not eligible to receive 

Federal grants, except as deemed necessary for law enforcement purposes by 

the Attorney General or the Secretary. The Secretary has the authority to 

designate, in his discretion and to the extent consistent with law, a jurisdiction 

as a sanctuary jurisdiction.

This funding restriction violates the United States Constitution’s separation of powers principles, 

Spending Clause, and Tenth Amendment.

(3) Section 9(a) of Executive Order 13,768 contains an enforcement directive that states: “[t]he 

Attorney General shall take appropriate enforcement action against any entity that violates 8 U.S.C. 

1373, or which has in effect a statute, policy, or practice that prevents or hinders the enforcement of 

Federal law.” This enforcement directive violates the Tenth Amendment to the United States 

Constitution. 

Having entered judgment on the above, the Court hereby ORDERS the following relief:

DECLARATION

The Court finds that declaratory relief under 28 U.S.C. § 2201 is appropriate in this case. Now, 

therefore, it is hereby DECLARED that:

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(1) San Francisco Administrative Code Chapters 12H and 12I comply with 8 U.S.C. § 1373.

(2) Section 9(a) of Executive Order 13,768 is unconstitutional and invalid.

INJUNCTION

The Court also finds that each of the necessary elements for issuing a permanent injunction are 

met. In particular, the Court finds that San Francisco has succeeded on the merits of its claims and that 

absent an injunction San Francisco would suffer irreparable injury; the balance of equities favor San 

Francisco; and the requested relief is in the public interest. Now, therefore, it is hereby ORDERED 

that:

Defendants Donald J. Trump, President of the United States of America, Elaine C. Duke, in her

official capacity as Acting Secretary of the United States Department of Homeland Security, Jefferson 

B. Sessions, in his official capacity as Attorney General of the United States, the United States of

America, and their officers, agents, servants, employees, and attorneys, and any other persons who are

in active concert or participation with them, ARE HEREBY RESTRAINED AND ENJOINED from

committing, or performing, directly and indirectly, the following act:

Enforcing Section 9(a) of Executive Order 13,768, entitled “Enhancing Public Safety in the Interior of 

the United States,” against any jurisdiction in the United States.

IT IS SO ORDERED.

Dated: ____________________ ______________________________________

WILLIAM H. ORRICK

United States District Judge

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