--- title: Sanctuary City: San Francisco Sues Trump Administration description: San Francisco City Attorney Dennis Herrera announced a federal lawsuit over so-called sanctuary cities. canonical: https://time.com/4655515/san-francisco-lawsuit-sanctuary-city-trump/ author: Katy Steinmetz article:opinion: false article:content_tier: free article:published_time: 2017-01-31T19:33:03.000Z article:modified_time: 2026-10-07T07:15:19.017Z article:section: Politics og:title: San Francisco Sues Trump Administration Over Sanctuary Cities og:description: "The president's executive order is not only unconstitutional, it's un-American." og:url: https://time.com/4655515/san-francisco-lawsuit-sanctuary-city-trump/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltdcf6a62f5862d854/6988b826fb4eac00a68909a9/gettyimages-633042304.jpg?branch=production&width=594&quality=75&auto=webp&crop=16:9 og:image:width: 594 og:image:height: 334 og:image:alt: Protesters shout and hold up signs at San Francisco International Airport in San Francisco, California on January 29, 2017. og:type: article twitter:card: summary_large_image twitter:title: San Francisco Sues Trump Administration Over Sanctuary Cities twitter:description: "The president's executive order is not only unconstitutional, it's un-American." twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltdcf6a62f5862d854/6988b826fb4eac00a68909a9/gettyimages-633042304.jpg?branch=production&width=594&quality=75&auto=webp&crop=16:9 ---  # Donald Trump Liked to Bash San Francisco on the Campaign Trail. 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Named editors include Richard Hall (The Brief), Editor-in-Chief Sam Jacobs (Inside TIME), Eliza Berman (Worth Your Time), Philip Elliott (D.C. Brief), Justin Worland (Future Proof) and Harry Booth (In the Loop). Health Matters is written by TIME's health desk. #### How do I sign up for a TIME newsletter? Go to time.com/newsletters, choose the newsletters you want and enter your email address. There is no cost and no subscription requirement. ### Sources * TIME Newsletters: [time.com/newsletters](/c/time-nl-network-2026q3/newsletters?i=e1825ac8-899a-4128-9206-40c699b5141b&cr=time-nl-network-2026q3-v1) ## Video: Federal Judge Bars Deportations Under President Trump's Immigration Order [Watch (HLS stream): Federal Judge Bars Deportations Under President Trump's Immigration Order](https://cdn.jwplayer.com/manifests/G0KmvaHv.m3u8) (1:30)  _Published 2017-01-29. A federal judge issued an emergency order Saturday night temporarily barring the U.S. from deporting people from nations subject to President Donald Trump's travel ban._ by [Katy Steinmetz / San Francisco](https://time.com/author/katy-steinmetz/) ## Katy Steinmetz / San Francisco Jan 31, 2017 7:33 PM UTC by [Katy Steinmetz / San Francisco](https://time.com/author/katy-steinmetz/) ## Katy Steinmetz / San Francisco Jan 31, 2017 7:33 PM UTC San Francisco became the first city to sue the Trump Administration over immigration policy on Tuesday, as City Attorney Dennis Herrera announced a federal lawsuit regarding so-called [sanctuary cities](http://time.com/4648516/donald-trump-immigration-executive-orders/). Flanked by lawyers at City Hall, the city attorney criticized President Trump’s [executive order](http://time.com/4652552/president-trump-is-suspending-a-refugee-program-and-banning-visas-from-7-countries/) seeking to cut federal funding to cities that restrict the amount local officials will cooperate with federal immigrations agents. “The president’s executive order is not only unconstitutional, it’s un-American. That’s why we must stand up and oppose it,” he said. “This is not a step I take lightly but it’s one that is necessary to protect the people of this city, this state and this country from the overreach of a president who has shown little respect for our Constitution, states rights or the rule of law.” The federal funds potentially at stake for San Francisco, which amount to over $1.2 billion, have not yet been cut, but Herrera argued the lawsuit was necessary to prevent that from happening. Herrera cited previous case law that suggests the federal government “can’t put a financial gun” to the head of local and state governments in order to force them “to act as its agents.” Said Herrera: “That remains true no matter who is in charge of Washington, D.C.” “Obey the rule of law. Abide by the Constitution,” he said when asked if he had a message for Trump. “You’re not \[an\] emperor who rules by fiat.” Along with the executive order, the lawsuit filed in California’s Northern District challenges a federal statute related to information-sharing between state and federal authorities. In addition to Trump and the United States, the suit names Homeland Security Secretary John Kelly and acting attorney general Dana Boente. While running for president, Trump liked to cite the [fatal shooting of a young woman at a popular San Francisco](http://www.nbcnews.com/news/us-news/donald-trump-kathryn-steinle-death-pier-14-shows-need-border-n386646?cid=par-time-article%5F20150704) tourist spot as evidence that the border was not secure. Officials in the city, where people voted 85% to 9% against Trump in the presidential election, have vowed to defy him on the issue of sanctuary status. At the press conference, Mayor Ed Lee argued that “sanctuary cities are safer” because those policies encourage undocumented people to report violent crimes and seek medical care, among other actions, interactions with public agencies which they might otherwise avoid. Herrera added that there are at least an estimated 30,000 undocumented immigrants in San Francisco, adding that “the comfort and confidence of our residents” is paramount. ## Transcript It's not a Muslim ban, but we're totally prepared to work it out very nicely. You see it at the airport, you see it all over, it's working out very nicely. And we're going to have a very, very strict ban, and we're going to have extreme vetting, which we should have had in this country for many years. [ MUSIC ] [ NOISE ] [ MUSIC ] [ APPLAUSE ] I don't feel safe anymore to stay here in the US. One, it is not a ban. However, I think it was not properly vetted. So you have an extreme vetting proposal that didn't get the vetting it should have had, and as a result, in implementation we've seen some problems. There was no guidance, and obviously there wasn't even clear guidance to federal officials around the country. And that's why there's so much confusion here. But let's be clear President Trump's executive order is simply un- American. It is suggesting that people's civil liberties can be taken away, even if they're Green card holders, even if they're permanent residents on the pathway to citizenship. 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