Trump went after “sanctuary cities” with an executive order threatening to take away federal funds if they refuse to cooperate with federal immigration authorities in deporting undocumented immigrants. Mayors in cities like Los Angeles, San Francisco, Seattle, Boston and New York, among others, came right back at him, along with some governors. And they may have the constitution on their side.

“Let me be clear,” California’s Governor Jerry Brown said. “We will defend everybody—every man, woman and child who has come here for a better life and has contributed to the well-being of our state.”

“Our city is still a sanctuary city and we are going to remain a sanctuary city,” said San Francisco Mayor Ed Lee.

“We will not be intimidated by the threat to federal funding,” Boston Mayor Marty Walsh said. “We have each other’s backs. And we have the Constitution of the United States of America on our side. . . . I will use all of my power within lawful means to protect all Boston residents—even if that means using City Hall itself as a last resort.”

Conservatives who yell “States rights!” could have it thrown back in their faces if they try to force cities and states to assist the federal government in rounding up and deporting undocumented immigrants. Apparently, there’s something called the Constitution’s anti-commandeering doctrine.

A somewhat obscure legal precedent in federal court could help . . . sanctuary cities fight back.

According to the anti-commandeering doctrine, it’s unconstitutional for the federal government to impose “targeted, affirmative, coercive duties” upon state or local government officials. And if Trump follows through on his pledge, sanctuary cities could use it to take on—and perhaps beat—the administration in federal court.

As an attorney in California—one of four sanctuary states—recently pointed out, the doctrine explicitly outlaws the type of retributive threat Trump has floated. Even if the Republican-controlled Congress passed a bill to follow through on the pledge, it could be seen as an infringement on states’ rights.

“The federal government cannot use its taxing and spending powers to coerce states and local governments to enact, administer, or enforce federal law,” Harvard Law School professor Phil Torrey [said].

This article appears in Jan 26 – Feb 1, 2017.

10 replies on “Big City Mayors, Governors Make a Statement”

  1. Let me be clear, California’s Governor Jerry Brown said. We will defend everybodyevery man, woman and child who has come here for a better life and has contributed to the well-being of our state.

    The federal lawsuit against ole Moonbeam will require that he shows documented proof that they have contributed to the well-being of the state.

    Not just that they have killed members of the community like Rahm Emmanuel has lost control of in Chicago.

    Pass Kate’s Law. Deport the felons first.

  2. Wow, this has the makings of a great futuristic dystopian movie…

    In a world where savage hordes of federal lawyers lay siege to sanctuary city states demanding the surrender of those who have offended the supreme leader ensconced in his white marble citadel surrounded by like-minded sycophants and minions, a courageous band of freedom-loving rebels fight to return justice to a land where “the law” has been turned into the ultimate weapon of terror.

  4. Roger, I expect Tucson to claim they are not a sanctuary city in an attempt to keep from being called out by the President. Instead, they could call us “crime friendly.” But ask BP if TPD will cooperate. In fact ask the Chief of TPD. What are his directives for the officers.

    I don’t feel like paying federal taxes. Can I just stop?

  7. And Chicago has decided not to ask for more gun control:

    The head of the Chicago Police Department is now admitting that more gun laws dont necessarily result in less gun violence because criminals dont play by societys rules.

    Chicago, a city run by Mayor Rahm Emanual, former White House chief of staff to President Barack Obama, reported double the number of killings throughout Christmas weekend this year than last year. At least 27 people were shot, 12 of them fatally, according to ABC News.

    Chicago Police Superintendent Eddie Johnson said during a news conference on Monday that most of the shootings between Friday evening and Sunday evening were targeted attacks by gang members going after rival gang members who were gathered for Christmas and holiday parties. The Chicago Tribune reported 90 percent of those fatally shot were involved in gang activities, had criminal histories or were previously known to police.

    http://www.theblaze.com/news/2016/12/26/after-weekend-bloodbath-chicago-police-chief-makes-surprising-admission-about-citys-tough-gun-laws/

    ————————————————————————————————–
    Chicago has passed strict gun laws to little effect. It banned handguns and outlawed gun stores for years, but 60 percent of guns used in Chicago crimes were first purchased out of state. Once in the streets, firearms are often bought and sold within trusted social networks, and tend to be old; the median age of guns confiscated from gang members is over a decade.

    http://www.rollingstone.com/sports/news/inside-chicagos-endless-cycle-of-gun-violence-20150722

    The gun problem is a gang problem. Starting to sound like Iraq and Afghanistan if we don’t get it stopped.

  8. Because no other country in the world has immigration laws. Or enforces them. Oh, wait, we’re the outlier.
    Saw video of a conference 20 years ago between cheap labor industries (Marriott, Carl’s Jr., etc.) and then-representative Jim Kolbe and other bigwigs discussing strategy for keeping the illegal workers flowing.
    Basically their strategy worked perfectly. Convince liberals that opposing unlimited illegal immigration is ‘racist’. Then have businesses split conservatives and working class down the middle with other wedge issues (with the help of lots of industry cash) to take care of the conservative side.
    Only crack in their plan so far is the election of Trump.

  10. Maybe we could concentrate on the folks that belong here before getting our panties in a wad over the folks that want to belong here… So many citizens needing help but so many non citizens waiting in the same lines claiming a right to do so… Only in America can this happen… Try sneaking into Mexico without a visa and asking for a hand out…

Comments are closed.