Case 2:17-cv-00497-RAJ Document 61-1 Filed 10/19/18 Page 1 of 2

HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CITY OF SEATTLE and CITY OF
PORTLAND,
Case No. 17-497-RAJ
Plaintiffs,

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ORDER AND JUDGMENT GRANTING
DECLARATORY RELIEF

vs.
DONALD J. TRUMP, et al.,
Defendants.

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Upon consideration of the parties’ briefs and the balance of the record, the decision in City

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and County of San Francisco v. Trump, 897 F.3d 1225 (9th Cir. 2018), and the parties’ agreement on

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the appropriate disposition of this case, it is hereby

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ADJUDGED against defendants Jefferson B. Sessions, III, Attorney General, and Kirstjen M.

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Nielsen, Secretary of Homeland Security, that Section 9(a) of Executive Order 13,768, “Enhancing

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Public Safety in the Interior of the United States,” is unconstitutional; and it is further

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ADJUDGED against the same defendants that, because Section 9(a) of Executive Order
13,768 directs Executive Branch administrative agencies to withhold funding that Congress has not

ORDER AND JUDGMENT - 1

 Case 2:17-cv-00497-RAJ Document 61-1 Filed 10/19/18 Page 2 of 2

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tied to compliance with 8 U.S.C. § 1373, it would be unconstitutional for Executive Branch agencies

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to withhold appropriated funds from plaintiffs Cities of Seattle and Portland pursuant to Section 9(a)

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of the Executive Order.

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This Order and Judgment does not address whether any specific statutory grant program
permits grants to be conditioned on compliance with 8 U.S.C. § 1373.
DATED this _______ day of October, 2018.

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________________________________

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The Honorable Richard A. Jones
United States District Judge

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ORDER AND JUDGMENT - 2