Este fallo es definitivo y se dio en respuesta a las demandas presentadas por dos condados de California, San Francisco y Santa Clara.
LOS ÁNGELES, California.- Un juez federal bloqueó permanentemente este lunes el intento del presidente Donald Trump de recortarle fondos a las jurisdicciones santuario. o ciudades que limitan su cooperación con las autoridades migratorias federales.
Mediante una orden ejecutiva firmada en enero, Trump había propuesto establecer que las ciudades santuario «no sean elegibles para recibir subvenciones federales, salvo que se considere necesario para el cumplimiento de la ley por parte del fiscal general o el secretario (de Seguridad Nacional)».
Este lunes, el juez federal William H. Orrick catalogó esa sección de la orden ejecutiva como inconstitucional y aseguró que Trump no puede imponer nuevas condiciones a los gastos aprobados por el Congreso.
Orrick también rechazó el argumento del gobierno de que la acción ejecutiva se aplicaría a una cantidad relativamente pequeña de dinero. En corte, los abogados del gobierno aseguraron que no se trataba de quitarle todos los fondos federales a estas ciudades y condados, sino solo unas pocas subvenciones del Departamento de Justicia.
Dennis Herrera, abogado de la ciudad de San Francisco, dijo que la decisión era «un triunfo para el pueblo estadounidense y el estado de derecho».
«El presidente Trump podrá tuitear lo primero que se le venga a la mente, pero no se puede otorgar a sí mismo una nueva autoridad solo porque se le da la gana», dijo en un comunicado.
En abril, el juez Orrick había ordenado suspender temporalmente la orden de trump.
en respuesta a una demanda conjunta presentada por los condados San Francisco y Santa Clara en California.
Durante la primera audiencia del caso, un abogado del Departamento de Justicia explicó que la orden ejecutiva era aplicable únicamente a fondos de Justicia. De entrar en vigor, agregó, el decreto solo afectaría en menos de un millón de dólares al condado de Santa Clara y posiblemente no afectaría en lo absoluto a San Francisco.
Pero el juez no estuvo de acuerdo.
Tras fallar al respecto, Orrick dijo que el decreto tenía una amplia interpretación para «alcanzar todas las subvenciones federales» y potencialmente poner en riesgo cientos de millones de dólares en financiamientos para San Francisco y Santa Clara.
El magistrado citó como evidencia varios comentarios realizados por el presidente y el fiscal general, Jeff Sessions.
Ambos hablaron extensivamente durante la campaña presidencial y durante los primeros meses de la presidencia de Trump sobre castigar a estos lugares por no cooperar ampliamente con las autoridades de inmgiración.
De hecho, Orrick recordó que el mismo mandatario se había referido a la orden ejecutiva como un «arma» en contra de las ciudades reacias a cooperar con el Servicio de Inmigración y Aduanas (ICE).
Por separado, el Departamento de Justicia se ha movilizado para retener fondos en particular para las agencias del orden, lo que provocó una nueva serie de demandas en distintas cortes que están pendientes de resolverse.
Gracias a la Valentia he conosimiento de este Juez un logro mas ya hera hora de que alguien levantara la voz y defendiera como este juez necesitamos mas con gran Corazon y conosimiento de si mismo.
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