Legality of Resolution Denouncing Presidential Executive Order

April 6, 2017

President Trump signed an ExecutiveOrder on January 25, 2017 titled “Border Security and Immigration Enforcement”.  One of the directives of this Executive Order instructs the Administration to prioritize construction of a U.S. – Mexico border wall.  

TheU.S. Department of Homeland Security will soon be reviewing bids of companies who have submitted responsive proposals to the Department’s solicitation onMarch 6, 2017 “for the design and build of several prototype wall structures in the vicinity of the United States border with Mexico”.

TheCity of Oakland recently passed a resolution denouncing any efforts to build a wall and establishing a policy that requires the City to refrain from entering into any new or amended contracts to purchase goods or any other services from many business that provides goods, materials, labor or services in support of the building of this border wall and directs the City to return with an ordinance to establish this policy by law.

GivenSan Diego’s strong record of collaboration on enhancing border security and advocating for efficient border crossings, this proposed wall would have an immediate negative economic impact to our vibrant binational region.  I am respectfully requesting an opinion and clear direction on whether this type of resolution is legally binding and enforceable, including the legality of a prohibition on entering into contracts with businesses who engage in the construction of the border wall as the City of Oakland is intending to do.  I have attached a copy of the City of Oakland’s memorandum and resolution for your review.

Thank you for your timely response to this matter.

Legality of Resolution Denouncing Presidential Executive Order
back