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County of Santa Clara v. Donald J. Trump, et al.

On February 3, 2017, the County of Santa Clara filed a lawsuit in federal court against President Donald Trump and members of his administration challenging his January 25, 2017 Executive Order through which he sought to deny all federal funding to any state or local government that fails to participate in the President's agressive immigration enforcement plans.  The lawsuit challenges the President's authority to unilaterally impose conditions on federal funds--a power the Constitution places exclusively in the hands of Congress--as well as the blanket denial of all federal funds, the vast majority of which have no connection to immigration or law enforcement.
On February 23, 2017 the County of Santa Clara was the first jurisdiction in the nation to seek emergency injunctive relief based on the immediate harms and unconstitutional coercion caused by the Executive Order.  In April 2017, U.S. District Court Judge William H. Orrick issued a preliminary injunction blocking the key provision of the Executive Order, and in November 2017, he declared that provision unconstitutional and permanently enjoined its enforcement nationwide.  The Trump administration has appealed Judge Orrick's ruling, and the case is currently pending before the Ninth Circuit Court of Appeals.
Ninth Circuit Filings
Amicus Briefs Supporting the County:
  • Brief of Political Science Scholars

District Court Filings 

  • Declaration of County Executive Jeff Smith
Amicus Briefs Supporting the County's Motion for Summary Judgment:



County's Surreply to Defendants' Motion to Dismiss


County's Opposition to Defendants' Motion to Dismiss

Amicus Briefs Opposing the Defendants' Motion to Dismiss: 

County's Opposition to Defendants' Motion for Reconsideration

Order Granting the County's Motion for a Preliminary Injunction


Amicus Briefs Supporting the County's Motion for a Preliminary Injunction:





Last updated: 3/6/2018 3:09 PM