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Constitutional Law

Apr. 28, 2017

Order is lawful use of spending clause

At the hearing held before U.S. District Judge William H. Orrick in San Francisco on April 14, the lawyer defending Trump's order said that the order applies to a "very narrow range of funding."

Kris Whitten

Retired California deputy attorney general

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Some claim that President Donald J. Trump's executive order potentially cutting off some federal funding to so-called "sanctuary jurisdictions" that "willfully refuse" to cooperate with Immigration and U.S. Immigration and Customs Enforcement efforts to apprehend people who it believes are in the U.S. illegally - is unconstitutional. That order in part grants discretion to the attorney general and secretary of Homeland Security to determine that sanctuary jurisdictions "are not eligible to...

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