Jack GannyGov and EconMaresca17 January 2018Federalism and Sanctuary Cities Sanctuary cities are a great example of how federalism works because it clearly demonstrates how the state/local governments enforcement of policies created by the federal government/administration can be stretched or ignored if the state/local government doesn’t agree. I stand with the federal government and how they should force the immigrants out of the sanctuary cities and process illegal immigrants according to federal law. You may be wondering what are sanctuary cities? Here is a quick summation of the key ideas behind sanctuary cities. Sanctuary cities come into play when an undocumented immigrant comes into contact with the police. A very common occurrence of this happens on the road – someone is speeding, has a broken taillight, or has a broken license plate light, and is pulled over. If a person is undocumented, chances are they do not have a valid driver’s license – only twelve states and the District of Columbia allow immigrants to legally drive. Immigrants still have to get to work and school somehow – but being found without a valid driver’s license can get an individual arrested.
Other reasons immigrants (just like native-born Americans) come into contact with the police include an immigrant calling the police to their house (for example in the case of a domestic dispute), a car accident, drug usage, police checkpoints, so forth. Once an immigrant is arrested, their information gets put into a federal database that is shared with Immigration and Customs Enforcement (ICE). ICE can then issue a hold, also called a detainer, asking the police to hold that person in custody until ICE can come pick that person up for immigration detention and eventual deportation.
Here we get back to the point of sanctuary cities: in a sanctuary city, the police will release an arrested immigrant after he’s been cleared of charges, posted bail, or completed jail time for whatever he was arrested for. A non-sanctuary city will hold that person until ICE can come pick them up – even though that extra holding is not constitutional. After reading this, hopefully you grasp the idea around sanctuary cities. Sanctuary cities defy a lot of regulations set by the federal government. Here Sanctuary policies defy federal laws to which state and local governments are bound, which is why the republicans typically dislike them. 8 U.
S. Code § 1373 states that “a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual.” The Department of Justice requires that most recipients of federal grant money certify their compliance with all federal laws. Sanctuary cities, by not asking about, recording, and submitting to the federal government the immigration statuses of residents, are violating federal law and the rules for getting federal grant money. This could be detrimental to the rest of the city because they could use the federal grant money for infrastructure in zed city. This is why I take an aggressive stance against sanctuary cities.
Another reason why people dislike sanctuary cities is because sanctuary cities harbor criminals, creating a dangerous environment for US citizens. Juan Francisco Lopez-Sanchez, an undocumented immigrant, had seven felony convictions in the United States and had been deported from the country five times. Yet, the city of San Francisco declined to detain him for Immigration and Customs Enforcement Officials (ICE) officials and released him into the community.
In July 2015, Lopez-Sanchez was charged with murdering Katie Steinle in San Francisco. Of 8,145 undocumented immigrants released from detention requests between Jan. 1, 2014 and Aug. 31, 2014, 5,132 (63%) had previous criminal convictions or were marked a public safety concern; 2,984 (36.6%) had felony charges or convictions; 1,909 (23.4%) had misdemeanor convictions or charges related to violence, assault, sexual abuse, weapons, or drug distribution; and 239 (2.
9%) had three or more misdemeanor convictions. This is a very powerful reason on why sanctuary cities should not be allowed. Even though the federal government passes all these laws and regulations about immigration, they can be avoided because that’s just how federalism works. Also, there are sadly plenty of precedents set by the supreme court, that contradicts parts of these regulations, which allows for sanctuary cities to stay afloat. Overall, sanctuary cities are detrimental to the united states as a whole, and the government needs to find a way to intervene before illegal immigration gets more out of hand then it already is. Work CitedLegal Information Institute, “U.
S. Code, Title 8, Chapter 12, Subchapter II, Part IX, § 1373,” law.cornell.edu (accessed Nov.
25, 2016) Immigrant Legal Resource Center, “FAQ on Federal Grant Conditions and Cooperation with Immigration Enforcement,” ilrc.org, July 2016 Bureau of Justice Assistance, “Office of Justice Programs Guidance Regarding Compliance with 8 U.S.
C. § 1373,” bja.govChristina Littlefield, “Sanctuary Cities: How Kathryn Steinle’s Death Intensified the Immigration Debate,” latimes.com, July 24, 2015 Lee Romney, Cindy Chang, and Joel Rubin, “Fatal Shooting of S.F. Woman Reveals Disconnect between ICE, Local Police; 5-Time Deportee Charged,” latimes.com, July 6, 2015 Jessica Vaughan, “Ignoring Detainers, Endangering Communities,” cis.org, July 2015