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The Legal Battle Over Sanctuary Cities Is Just Beginning: Hello Supreme Court

ArmchairPolitiicianSanctuaryCities, April 25, 2017, by Brad Peery, brad@ArmchairPolitician.US, www.ArmchairPolitician.US

The U.S. District Court San Francisco provided a nationwide preliminary injunction in a lawsuit filed by the Counties of San Francisco and Santa Clara contesting the Trump administration’s attempt to deny the counties grant funding because they are refuse to cooperate with federal authorities on immigration.

Sanctuary Cities are generally cities or regions, including California and New York State that have refused to abide by a federal law that requires local jurisdictions to communicate with the Department of Homeland Securities’ Immigration and Customs Enforcement (ICE) agents. The expressed issue, as articulated by the Trump administration, is to communicate with ICE agents concerning illegal immigrants that have committed felonies, or serious crimes, with the intent of deporting them. Local communication with ICE would allow ICE to meet such persons when they are released from jail, and deport them, if it is deemed appropriate.

The Judge said that without an injunction, the counties would suffer irreparable harm absent court action. They could lose hundreds of millions of dollars that support core services, and that creates budget uncertainty. The Judge said that President Trump’s order is likely to be unconstitutional, because the Constitution vests spending powers in the Congress, as well as the Fifth Amendment right to due process and the Tenth Amendment prohibition on commandeering local jurisdictions to carry out federal law. With regard to these issues, the Trump administration could ask the Congress act on this issue. The issue of due process will likely go to the Supreme Court for a final decision. The Tenth Amendment issue seems like a stretch, since all ICE wants is information on when the criminals it seeks to deport will be released from jail. The local jurisdictions are not being asked to enforce the Sanctuary Cities order. In essence, the Sanctuary Cities are assisting dangerous criminals in evading federal law.

Because an appeal by the Justice Department will go to the liberal 9th Circuit Court of Appeals that denied the temporary travel ban of the Trump administration, both that issue and the Sanctuary Cities order are both likely to go to the Supreme Court.

ArmchairPolitician.US Opinion: If the Trump administration is only trying to deport immigrants that have committed felonies, or serious crimes, the Sanctuary Cities are shielding criminals that are a threat to their local citizens. And, they can become magnets in attracting such persons. There are many documented cases of illegal immigrants committing such crimes, even after being deported many times. We believe the Supreme Court will have the final say.

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