The potential halt of federal funding to sanctuary cities and the states those locales are in could cost the city of Rochester millions of dollars.
But whether the administration could legally pull that off is unclear.
On Tuesday, President Donald Trump announced that, beginning Feb. 1, he would be halting payments to cities and states that do not assist federal immigration enforcement. The threat came in a speech Trump made at the Detroit Economic Club.
“Starting February 1, we are not making any payments to sanctuary cities or states having sanctuary cities because they do everything possible to protect criminals at the expense of American citizens,” Trump said.
The city is expecting about $25 million in federal aid this fiscal year, mainly through programs like Community Development Block Grants. But there is also the $100 million in federal infrastructure dollars granted to the Inner Loop North project, and other indirect awards for emergency preparedness, healthcare and anti-poverty efforts, as well as for transportation projects.
It’s not the first time the Trump administration has made that threat. Last February, Trump’s threat prompted a lawsuit from 34 cities and counties, including Rochester. The complaint, led by the city and county of San Francisco, argued that the effort was “a blatantly unconstitutional usurpation of legislative authority.”
So far, the courts have blocked those efforts, as they did during Trump’s first term, with the latest action being a temporary injunction from this past August.
“The federal administration’s threat against the city of Rochester as a sanctuary city would violate a standing court order,” read a statement issued by Mayor Malik Evans’ administration on Wednesday. “We expect that the Trump Administration will respect the rule of law and the power of the federal courts, its co-equal branch of government. The city of Rochester looks forward to continued receipt of federal funding.
City Council President Miguel Meléndez said it was unclear why the president picked the date of Feb. 1. He said that date does not line up with any expected funding timeline.
“I think for all of us, we're not clear on what he's talking about, because, frankly, he doesn't know what he's talking about,” Meléndez said. “This feels like rhetoric, just appealing to people that are in his base.”
Meléndez said his best guess to the Feb. 1 date is if the administration plans to target social service funding, like the Supplemental Nutrition Assistance Program (SNAP). SNAP benefits typically refill on the first of the month.
“We don't know the scope or anything other than its wholly illegal,” Meléndez said.
In a statement, Sen. Kirsten Gillibrand, D-New York, called for New York state Attorney General Letitia James to sue the administration over the threat.
“Funding for essential programs like Medicare, Social Security, health care, childcare, education, law enforcement, anti-hunger initiatives, and transportation is not his to withhold,” Gillibrand said. “I would encourage our attorney general to again file suit against these illegal acts. She has beaten him in court before and can do so again.”
Rochester is currently in two legal battles with the federal administration over its sanctuary status. The other case, seeking to block the city from enforcing its policy, was originally dismissed in November. But the Department of Justice re-filed a nearly identical complaint in December. The city has until Jan. 30 to respond.
Sanctuary city policies are not clearly defined and vary from place to place. In Rochester, the policy, newly updated in August, bars any city employee from aiding in federal immigration enforcement, risking termination. It also extends protections for LGBTQ people and provides protection from discrimination based on gender identity. The city has identified as a sanctuary city since 1986.
Sanctuary cities do not prevent federal immigration enforcement from operating in the city. Rather, the policies are generally a declaration that the jurisdiction will not aid or share information with Immigration and Customs Enforcement or Customs and Border Protection.
While Meléndez does not see Trump’s threat as legally credible, he said he’s still concerned.
“I would be irresponsible to not be concerned,” he said. “But I'll say it this way; New York state sends more money to the federal government than we get back. So, I think this would spur larger conversations about what does government look like under this federal administration, and what can states and municipalities do?”
