Sanctuary cities are not illegal. The Constitution enumerates designate powers to the federal government and reserves others to the states. (There are also some areas where jurisdictions overlap.) Immigration and border control is EXCLUSIVELY an area of federal jurisdiction.
There is nothing that prohibits states from states from VOLUNTARILY accepting federal invitations to cooperate in enforcement of immigration laws and border control policies.
But it is still a federal responsibility EXCLUSIVELY. If any state does not wish to voluntarily cooperate, they can opt out. As long as that is the level of their “sanctuary city” status, it is perfectly legal. (However, any acts by the states to IMPEDE enforcement, as a few cities have attempted, are unconstitutional; the state does not have to cooperate, but cannot impede.)
Various jurisdictions from local to state have long established policies and laws in place to accommodate the transfer of wanted criminals between jurisdictions. I can’t recall ever seeing a case where a state or city actively rejects extradition or “hold in custody” requests from a neighboring jurisdiction.
Yet here we are with millions of federal criminals on the loose and some jurisdictions are refusing to cooperate with the apprehension and/or detention of said criminals. Not all criminals. Just illegal border crossers.
Yes, non-citizens who illegally cross the border into the US ARE federal criminals. Visa overstays are considered to be civil violations, but if you came across our border without going through the process, you are a federal criminal.
I suppose one could argue a 10th Amendment right for a State to refuse to cooperate. I would like to see such a case go to SCOTUS for final disposition. However, given a lack of cooperation, I would urge the Congress and/or the administration to use the power of the purse to “persuade” compliance.
The federal government can and should withhold all LEO related funding from sanctuary cities and states. Such an action is completely Constitutional, as demonstrated by the various restrictions placed on the Highway Trust Fund. 55MPH, age 21 drinking, etc.
As to the arguments by liberals concerning safer communities, the problem of illegals refusing to report crimes is easily solved. Remove the illegals.
Cheapskate0 over 6 years ago
I know that Scott is trying to make fun of Winslow the liberal. But right now, he seems to be the only one of sound mind in this strip!
DD Wiz over 6 years ago
Sanctuary cities are not illegal. The Constitution enumerates designate powers to the federal government and reserves others to the states. (There are also some areas where jurisdictions overlap.) Immigration and border control is EXCLUSIVELY an area of federal jurisdiction.
There is nothing that prohibits states from states from VOLUNTARILY accepting federal invitations to cooperate in enforcement of immigration laws and border control policies.
But it is still a federal responsibility EXCLUSIVELY. If any state does not wish to voluntarily cooperate, they can opt out. As long as that is the level of their “sanctuary city” status, it is perfectly legal. (However, any acts by the states to IMPEDE enforcement, as a few cities have attempted, are unconstitutional; the state does not have to cooperate, but cannot impede.)
electricshadow Premium Member over 6 years ago
I think the (Looney Tunes) Road Runner would be safe running here.
froxis.820 over 6 years ago
Did the coyote become a vegetarian? Pretty sure that is a sign of the end times… if it is not fake news.
Cheapskate0 over 6 years ago
For conservatives that are having withdrawal symptoms from a lack of Clinton jokes, see today’s Two-Party-Opera!
Andylit Premium Member over 6 years ago
You have to admit, the concept is rather bizarre.
Various jurisdictions from local to state have long established policies and laws in place to accommodate the transfer of wanted criminals between jurisdictions. I can’t recall ever seeing a case where a state or city actively rejects extradition or “hold in custody” requests from a neighboring jurisdiction.
Yet here we are with millions of federal criminals on the loose and some jurisdictions are refusing to cooperate with the apprehension and/or detention of said criminals. Not all criminals. Just illegal border crossers.
Yes, non-citizens who illegally cross the border into the US ARE federal criminals. Visa overstays are considered to be civil violations, but if you came across our border without going through the process, you are a federal criminal.
I suppose one could argue a 10th Amendment right for a State to refuse to cooperate. I would like to see such a case go to SCOTUS for final disposition. However, given a lack of cooperation, I would urge the Congress and/or the administration to use the power of the purse to “persuade” compliance.
The federal government can and should withhold all LEO related funding from sanctuary cities and states. Such an action is completely Constitutional, as demonstrated by the various restrictions placed on the Highway Trust Fund. 55MPH, age 21 drinking, etc.
As to the arguments by liberals concerning safer communities, the problem of illegals refusing to report crimes is easily solved. Remove the illegals.