President Donald Trump signed an executive order Jan. 25 directing the attorney general's office and the secretary of homeland security to withhold grant money from cities that protect undocumented immigrants, otherwise know as "sanctuary cities."
This executive order doesn't completely fulfill Trump's campaign pledge to cut funding of sanctuary cities, but it does start the process.
"Part of this is a directive to the secretary to look at those funding streams and figure out how they can be cut off," said White House press secretary Sean Spicer on Jan. 25. "So that's what the actual order directs them to do."
Throughout the campaign, and after it, Trump repeatedly cited cases of Americans killed by people he said shouldn't have been in the country, arguing that all federal funding should be cut for places unwilling to help immigration authorities.
"Sanctuary jurisdictions across the United States willfully violate federal law in an attempt to shield aliens from removal from the United States," the order reads. "These jurisdictions have caused immeasurable harm to the American people and to the very fabric of our republic."
The order specifically instructs the attorney general's office to identify cities that refuse to comply with U.S. law and ensure they are not given federal grants. It also directs the secretary of the department of homeland security to designate jurisdictions as sanctuary cities.
Trump's administration might run into problems trying to cut funding if existing court rulings apply to the action.
South Dakota vs. Dole concluded that Congress could not coerce local governments to act based on the threat of withholding federal funds. Also, any funds that are withheld must be germane to the reason they are being withheld.
The court ruling dealt with Congress, however, and not the executive, and there is ambiguity about both what tactic Trump might pursue and the legal precedence behind it.
The executive order also makes calls to remove criminal undocumented immigrants, another one of Trump's campaign promises.
Trump's directive will start the process of cancelling all funding to sanctuary cities, but it's possible there will be some roadblocks along the way. We rate this promise as In the Works.