Monday’s Mtg: Sanctuary Cities – Legal, Moral, Sensible?

President Trump seems to have backed down on many of his most controversial promises on immigration. There will be no big “beautiful” border wall. No brand new paramilitary deportation force prowling the country. No flat out ban on Muslim immigration (h/t The Judiciary). The same is proving to be the case on his pledge to defund and thus eliminate “sanctuary cities.”

What are those? As the links below explain, there is no formal legal definition of what a sanctuary city is. But basically, a large number (400+!) of cities and towns across the USA have pledged not to turn over certain undocumented immigrants (UIs) that the local governments come into contact with, or even to notify the Feds that they are in custody. These places are not literally sanctuaries in the medieval-Quasimodo sense. Local authorities cannot physically interfere to stop federal agents from seizing a UI in local custody if they learn about it and want to do so.  But, sanctuary cities do refuse to (1) spend resources arresting and holding ever person they encounter they suspect might be here illegally, and (2) inform ICE/DHS and hold the person until they Feds come to take them away.  Sanctuary cities say they need to spend scarce law enforcement resources on serious crimes, not enforcing federal immigration law.

But, I don’t think this is over. The idea of sanctuary cities really, really infuriates many conservatives. They think it’s unconstitutional. Plus, the idea of big blue cities defying law and order to protect people who are here without permission (and are disproportionally  violent criminals, our President said) hits all the conservative outrage sweet spots. Since I’m seeing progressives going all-in to support the undocumented and defy the GOP’s push to reduce illegal immigration, I think this now almost totally partisan issue will be with us for a long time.

DISCUSSION QUESTIONS –

  1. What are sanctuary cities? Different meanings of, history of.
  2. Moral and policy pros and cons.
  3. Constitutional and legal pros and cons
  4. Trump’s actions and their legality.
  5. Bigger picture on immigration.

SUGGESTED BACKGROUND READING –

NEXT WEEK: July 3 fireworks – What does the United States stand for?

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One response

  1. Also and since it will come up, here is some info on the (huge) amount of discretion the President has in enforcing immigration law. Obama’s executive orders deferring deportations was clearly legal. Trump has the same authority, but that is in regard to FEDERAL policy only, not necessarily over state govt sanctuary policies.

    https://balkin.blogspot.com/2014/11/dispelling-myths-of-new-dhs-immigration.html

    A less legalese version is here: https://newrepublic.com/article/120328/obama-immigration-executive-action-why-it-will-be-legal

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