Portland Joins Legal Battle Against Trump’s Executive Order on Sanctuary Cities

Mayor Ted Wheeler says the city is "standing up for our values and the Constitution.”

Anti-Trump protest in November 2016. (Joe Michael Riedl)

Portland joined Seattle Friday in the legal battle against President Donald Trump's executive order that would strip American cities of federal funding for refusing to cooperate with federal immigration enforcement.

"It's not merely that our cities' values are under attack, it's that these attacks are against the law," said Mayor Ted Wheeler in a press release Friday. "Together, we are standing up for our values and the Constitution."

Sanctuary jurisdictions are those which refuse to honor U.S. Immigration and Customs Enforcement's detainers – orders to keep someone in custody after they would normally be released by local law enforcement.

Officials in Portland and Seattle contend that the cities are in compliance with federal law and have the right to refuse to enforce federal immigration regulations using state or local resources. Federal courts, including in Portland, have ruled it unconstitutional to keep someone in detention beyond their release date.

Seattle first filed the lawsuit in late March because city officials thought the federal government had violated the 10th Amendment, which protects states from the federal overreach of using state institutions to enforce federal regulations. The lawsuit also alleges that the Trump Administration may be violating the Constitution's Spending Clause by taking away funds to coerce states and cities.

Oregon has been a sanctuary state for 30 years, and Portland City Council passed a resolution in March symbolically affirming its status as a sanctuary city.

Trump's executive order demands that the federal government strip sanctuary cities, counties and states – which includes Oregon – of federal support, though exactly which funds would be withheld and when remains unclear.

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