There is no real definition of a "sanctuary city" today. It generally means that the local authorities will not honor ICE "detainer requests" for certain classes of illegal aliens. A detainer is a request to hold the alien until the Federal authorities are able to take them into custody. It is not the same as an arrest warrant.ninjabread wrote:That's a great question that I would love to hear Sessions and Trump answer.KD5NRH wrote:How is openly and intentionally aiding people in avoiding penalties for a Federal crime not a crime?
Per the 10th amendment the Federal government generally can't coerce state officials to perform federal functions (like detaining illegal aliens). One of the cases where this came up was the Brady Bill where the Feds tried to force the states to perform federal background checks on firearms sales and SCOTUS ruled that they didn't have to (think it was a Colorado Sheriff that brought the case). Since the state is not compelled to hold an alien there is no crime committed by releasing them. Neither do states have an affirmative duty to verify immigration status of those in state custody.
So the next way the Feds "make" the states "do stuff" is by offering free money, and then taking it away if the states don't do what the Feds want...Examples the nationwide 55 mph speed limit until 1996. National drinking age of 21, national BAC limit of 0.08...and all sorts of other stuff that is not in the enumerated powers of the Federal government. Since the Justice Dept and Homeland Security hand out zillions of dollars to state and local law enforcement, one thing they can do to "sanctuary cities/states" is take away those grants, assuming Congress grants the Executive this discretion in the legislation.
A "so called" (federal) judge in California has said that Congress didn't give Justice Dept. this power in the legislation (for all the juicy LE grants that the Feds hand out). So for now until that order is overturned, Los Angeles, Travis County, etc get to keep their money. Don't hold your breath waiting for Congress to act. Even if Paul Ryan wanted to make it a priority in the House, you've got the RINO "surrender caucus" in the Senate and the hard left 48 Democrat Senators. Dems will filibuster it harder than they did the Civil Rights Act.
In the meantime it's great that Texas is taking a stand by outlawing sanctuary behavior by LE at the state level. Presuming it goes into effect on Sept. 1, we'll have at least until Sept. 3 before Code Pink finds a Federal judge in American Samoa to nullify our state law.
