Sanctuary Cities Have Historical Roots in Slavery-Era US
The Conversation
Immigrant rights activists have developed a strategy to defeat deportations. Those arrested are encouraged to refuse to sign the “voluntary departure," and insist upon having legal counsel. All persons inside the U.S. have a right to counsel (not only citizens). If some 20%- 30% of those arrested begin to refuse to sign, the jails will fill within days – even the private prisons. If those arrested insist on legal counsel, the courts will be overloaded.
The State of California's elected officials are exploring ways to combat President Trump's Executive Order cutting off funding to sanctuary cities. National legal experts say that Trump's sanctuary cities order is unconstitutional because, at its core, the order is an attempt to commandeer state and local officials in violation of the 10th Amendment.
Roberts analyzed the issue by saying that, under the spending clause of the Constitution, Congress can’t create a funding condition that is unrelated to the original funding purpose and is so coercive that it amounts to a “gun to the head” of the states. Roberts’s doctrine applies with full force to Trump’s threat to pull cities’ existing funding if they remain sanctuaries by declining to cooperate with federal officials to enforce immigration law.
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