The AAUP joined this week with other groups, including members of the California Community College System, in filing an amicus brief in support of a permanent injunction against a Trump administration executive order that sought to strip federal funding from “sanctuary jurisdictions.” The lawsuit resulting in the injunction was filed by the city of San Francisco. The AAUP’s interest in the case stems from the potential application of the executive order to colleges and universities. Such an extension would negatively impact colleges’ and universities’ ability to carry out their public mission and their interests in developing a diverse student body. Allowing the executive order to stand would also set a dangerous precedent for the proposition that the president may unilaterally use the threat of withholding federal funding in a broad and punitive manner as part of an effort to coerce colleges and universities to participate in federal immigration enforcement. Joining this amicus brief enables the AAUP to participate in a precedent-setting case on issues of great national significance that affect the ability of universities to develop and support a diverse student body, regardless of students’ immigration status.
The case, now in front of the US Court of Appeals for the Ninth Circuit, is the City and County of San Francisco v. Trump. The brief was primarily authored by Robin Johansen and Kathleen Purcell, attorneys with Remcho Johansen & Purcell LLP.