The New York Analysis of Policy and Government continues with Part 2 of its three-part examination of the problems associated with sanctuary cities, and the goals of those who advocate not cooperating with federal law enforcement regarding illegal aliens.
David Rivkin and Elizabeth Price Foley, writing in the L.A. Times provide this analysis of opposition to the Secure Communities policy, which seeks to identify and remove aliens already incarcerated for criminal activity:
“Activists…are crying foul, and some legal scholars, such as Harvard’s Noah Feldman, have even claimed [withholding funds] would be unconstitutional…[however] whatever one thinks about Trump’s strategy, it almost certainly would pass muster at the Supreme Court. Feldman and others point to New York v. United States (1992) and Printz v. United States (1997), in which the Supreme Court concluded that the federal government cannot conscript state or local officials to carry out federal law…This “anti-commandeering” doctrine, however, doesn’t protect sanctuary cities or public universities — because it doesn’t apply when Congress merely requests information…consistent with the anti-commandeering doctrine, Congress can require state, local or university police to tell federal agents when they arrest an immigrant present in the country illegally.”
Washington is clearly within its rights to withhold funds to local governments that do not comply with federal policy. That issue was litigated in the U.S. Supreme Court case of South Dakota v. Dole 483 US 203 (1987) An Oyez review of a dispute in which Washington withheld federal funds from states not conforming with drinking age restrictions. It notes that the U.S. Supreme Court “held that Congress, acting indirectly to encourage uniformity in states’ drinking ages, was within constitutional bounds. The Court found that the legislation was in pursuit of ‘the general welfare,’ and that the means chosen to do so were reasonable.”
Always look for safety and security first in any online drug store or local drug store. * Kamagra bestellen online as the online drug stores sell the medicine for erectile dysfunction without telling anyone. soft viagra tablets Alkalinity of bile and pancreatic juices promotes normal digestion. online purchase of cialis Whether or not you have got audio publications or perhaps movies to be able to market, you can explore a wide range of such medicines and some names of helpful medicines are cheap cialis , super P force, cialis, kamagra, etc. Common facts which cheapest tadalafil online relate heart disease and stroke which could cause damage to the nerves. Former Judge Andrew Napolitano has written that “The term ‘sanctuary cities’ is not a legal term, but it has been applied by those in government and the media to describe municipalities that offer expanded social services to the undocumented and decline to help the feds find them — including the case of Chicago’s offering undocumented immigrants money for legal fees to resist federal deportation.
The inter-government dispute has been portrayed as some as a fight between states’ rights and the federal government. That is incorrect. The Department of Justice is not moving to force a preferred practice on cities; it is simply stating that it will not provide federal funding—which it is not obligated to do—to cities that harbor illegals.
Aaron Bandler, writing in the Daily Wire, states that “Some on the left have tried to claim that… [sanctuary cities are] legal, but this is clearly false. As James Walsh, former associate general counsel of Immigration and Naturalization Services, explains, 8 USC section 1324 “deals with those persons who knowingly conceal, harbor, or shield undocumented aliens and could apply to officials in sanctuary cities and states…Not only do they refuse to cooperate with federal agents in deporting illegals, sanctuary cities make it more difficult for police officers to do their job. Some police officers in the Los Angeles Police Department (LAPD) expressed their frustration with the city’s sanctuary city policy to Heather Mac Donald.Mac Donald documents how members of the LAPD were able to recognize known gang members, but couldn’t do anything to apprehend them until they had committed a crime – despite the fact that they were illegals who repeatedly snuck back into the country…”
Many local government officials side with Washington. Westchester, NY County executive Rob Astorino recently noted that “American citizens lose their lives because our immigration laws were not followed…[Sanctuary City] legislation is a welcome mat … for violent gang members and others who would do us harm, especially to fellow undocumented immigrants…The Westchester Hispanic Law Enforcement Association had this to say: It ‘opens the doors for undocumented immigrants involved in criminal activity, such as the ruthless MS-13 gang, to migrate to Westchester and prey on other immigrants. It’s just common sense not to invite, and coddle, criminals…”
The Report concludes tomorrow.