Section 8 News Beware - Trump Says He Can Pull Funding for Sanctuary Cities February 1st!

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While President Trump has again announced his intention to cut all federal payments to "sanctuary cities," courts have repeatedly blocked such moves in the past, ruling that the President generally lacks the unilateral authority to withhold congressionally appropriated funds. The power of the purse rests with Congress, not the executive branch.

Legal Precedent
Separation of Powers: Federal courts, including the U.S. 9th Circuit Court of Appeals, have ruled that the President cannot use funding to coerce state and local governments into changing their policies, as this violates the constitutional principle of the separation of powers.

Congressional Authority: The Constitution grants Congress exclusive authority to appropriate and condition federal funds. The President cannot refuse to disperse funds without specific congressional authorization.

Tenth Amendment: Courts have cited the Tenth Amendment, noting that the federal government cannot compel states or local law enforcement to enforce a federal regulatory program (in this case, federal immigration law).

Impoundment Control Act: The Impoundment Control Act of 1974 further clarifies that presidents cannot temporarily or permanently withhold enacted funding; they must follow specific procedures to propose rescinding funds, which requires congressional approval.

Past Efforts
During his first term and in the early stages of his second (in 2025), Trump's administration made several attempts to withhold funding from sanctuary jurisdictions, which were met with immediate legal challenges and blocked by federal judges with nationwide injunctions. Courts consistently sided against the administration in nearly every case.

Current Situation
Trump's latest threat, with a proposed February 1 cutoff date, faces the same legal hurdles. While one legal expert suggested this attempt "might stick", most legal analysts and court rulings indicate the President's ability to unilaterally cut off funds is highly limited. Many city and state officials have stated they will again challenge the administration in court.
The issue largely revolves around the type of funding in question:

Mandatory/Formula-Based Funds: A vast majority of federal aid, such as certain Medicaid funds and highway funding, is distributed according to statutory formulas and cannot be easily altered by executive order.
Discretionary/Competitive Grants: The administration has slightly more discretion with competitive grants, but courts have still blocked attempts to condition even these funds on immigration compliance.