Many different groups and for different reasons have sought sanctuary. That people in the United States are seeking protection from harm by others in the United States is sad and very shameful. This is a country built by immigrants entering our land and contributing mightily. In reality we are all immigrants or sons and daughters of immigrants. None of us can claim ancestry on this land for more than two centuries, a very short time when you compare it to the age of the earth. In that comparison, we are all newcomers. To be self righteous about who can stay and who must go is a sacrilege. Those areas like New York or San Francisco that have tried increased experimentation have become, not surprisingly, tied more often in sanctuary. The cities and their inhabitants who have been exclusive, well, shame on them.
“There’s no exact definition of “sanctuary city.” Places like San Francisco and New York use the term broadly to refer to their immigrant-friendly policies, but more generally the term is applied to cities and counties that do not reflexively honor all of Immigration and Customs Enforcement’s requests for cooperation. Many of these localities do work with ICE to detain and hand over immigrants suspected or convicted of serious crimes, but they often release low-priority immigrants requested by ICE if they have no other reason to hold them.
“The reason that many local law enforcement officers don’t honor detainers is because courts have said that they violate the Constitution, and if they violate the Constitution, the localities are on the hook financially,” said Cesar Cuauhtemoc Garcia Hernandez, a law professor at the University of Denver who teaches on the intersection of criminal law and immigration.
Just on Tuesday, a federal court in Rhode Island joined several others that have ruled in recent years that certain ICE detainers can violate people’s constitutional rights ― even those of U.S. citizens.
But Trump’s executive order seems to overlook this legal reality, and instead frames sanctuary cities with the alarmist rhetoric he used on the campaign trail.
President Donald Trump signed multiple executive orders on Wednesday, including one aimed at strong-arming “sanctuary cities.”
”Sanctuary jurisdictions across the United States willfully violate Federal law in an attempt to shield aliens from removal from the United States,” his order declares. “These jurisdictions have caused immeasurable harm to the American people and to the very fabric of our Republic.”
To force sanctuary jurisdictions to hold detained immigrants at the behest of ICE would require Congress to pass new legislation, but Congress in 2015 already rejected similar legislation, said Cecillia Wang, deputy legal director of the American Civil Liberties Union and a specialist in immigrants’ rights.
“The federal government and specifically the president is trying to coerce states and localities that have made the decision to protect constitutional rights and provide services without regard to immigration status,” she said.
“I’m not sure what Trump thinks he’s doing that’s different,” Saenz said. “The law is already being enforced. If they ― in practice or in intent ― go beyond existing law, it would be subject to challenge as it’s beyond his authority as president.”
As legal twists would have it, the constitutional source for such a challenge would be the Supreme Court’s landmark 2012 decision upholding the Affordable Care Act, in which the court rebuked the federal government for threatening loss of funding for states that refused to expand their Medicaid programs under the law. In his majority opinion, Chief Justice John Roberts said Congress couldn’t hold “a gun to the head” of the states.
In a press conference Wednesday, state Senate President pro tempore Kevin De León said the legislature will fast-track bills in response to Trump’s orders, including a bill to prevent local law enforcement from using their resources for immigration enforcement.
“These are spiteful and mean-spirited directives that will only instill fear in the hearts of millions of people who pay taxes, contribute to our economy and our way of life,” he said of the orders. “We will have no part in their implementation.”
“We will not spend a single cent nor lift a finger to aid his efforts,” he added.
The legislature has already taken several pre-emptive steps to combat Trump’s policies. In December, the senate and assembly passed a resolution calling on Trump to abandon his promise to deport millions of undocumented immigrants. The chamber has also taken up a bill to establish a legal aid fund for those facing deportation, as well as a bill to create training centers to educate legal workers on immigration law.
“It’s sad Donald Trump thinks these executive orders make America safer, and it’s sad he thinks they make America,” said Assembly Speaker Anthony Rendon in a statement.
“Today is a shameful day for our country, but it only strengthens my resolve to stand up against the alarming bigotry and hatred emanating from the White House,” Weiner, the San Francisco state senator, said. “If President Trump believes signing a piece of paper will for one second change how San Francisco and California value and protect our immigrant neighbors, he is underestimating our strength and spirit.”
Their statements came just one day after Gov. Jerry Brown (D) dedicated a portion of his State of the State address to praising the contributions of California’s immigrants, a clear rebuke of Trump’s worldview.
“Immigrants are an integral part of who we are and what we’ve become,” he said. “Let me be clear: We will defend everybody ― every man, woman and child ― who has come here for a better life and has contributed to the well-being of our state.” http://www.huffingtonpost.com/entry/trump-sanctuary-cities_us_588936f3e4b061cf898cbfc6?