Advocates of illegal entrants misrepresent DOJ’s intentions
See DOJ Considering Arresting Sanctuary City Politicians
”The Department of Justice is considering subjecting state and local officials to criminal charges if they implement or enforce so-called sanctuary policies that bar jurisdictions from cooperating with immigration authorities. Immigration advocates argue such a move would be illegal.”
Later in the article we find: “Immigration advocates said charging local or state officials with crimes for not cooperating with federal immigration authorities would be unlawful and a violation of the Constitution.”
But that ___ “. . . charging local or state officials with crimes for not cooperating with federal immigration authorities …” is not what the Trump Administration is considering. The Trump Administration is considering prosecuting elected leaders who are forbidding law enforcement officers to voluntarily cooperate with federal ICE Agents. There is an enormous distinction between local political leaders ordering local law enforcement officers to not cooperate with ICE Agents, and local police refusing to cooperate.
And what has the court stated about local elected leaders restricting their law enforcement officers from cooperating with our federal government?
For the answer to this question let us read Judge Harry D. Leinenweber’s recent WRITTEN OPINION dealing with 8 U.S. Code § 1373 - Communication between government agencies and the Immigration and Naturalization Service
The constitutionality of Section 1373 has been challenged before. The Second Circuit in City of New York v. United States, 179 F.3d 29 (2d Cir. 1999), addressed a facial challenge to Section 1373 in similar circumstances. By executive order, New York City prohibited its employees from voluntarily providing federal immigration authorities with information concerning the immigration status of any alien. Id. at 31-32. The city sued the United States, challenging the constitutionality of Section 1373 under the Tenth Amendment.
Id. at 32.
_The Second Circuit found that Section 1373 did not compel state or local governments to enact or administer any federal regulatory program or conscript local employees into its service, and therefore did not run afoul of the rules gleaned from the Supreme Court’s Printz and New York decisions. City of New York, 179 F.3d at 35. Rather, the court held that Section 1373 prohibits local governmental entities and officials only from directly restricting the voluntary exchange of immigration information with the INS. Ibid. The Court found that the Tenth Amendment, normally a shield from federal power, could not be turned into “a sword allowing states and localities to engage in passive resistance that frustrates federal programs.”
So, as it turns out, what the Trump Administration is considering is not a violation of the Constitution, as alleged by the advocates of illegal entrants. What the Trump Administration is considering is the prosecution of local elected leaders who forbid local law enforcement officers from cooperating with Federal ICE Agents. In fact, those elected leaders are in violation of 8 U.S. Code § 1373 - Communication between government agencies and the Immigration and Naturalization Service, as noted by the court, and their actions also constitute the criminal offense of Harboring
American citizens are sick and tired of being made into tax-slaves to finance the economic needs of millions of poverty stricken, poorly educated, low and unskilled aliens who have invaded America borders.