Trump’s threat to begin releasing detained immigrants in “sanctuary cities” seems like dirty politics, even in 2019. It is also, almost certainly, illegal. From latimesopinion:
President Donald Trump participates in a roundtable on immigration and border security at the U.S. Border Patrol Calexico Station in Calexico.
While there is nothing explicit in the Constitution prohibiting presidents from punishing states and localities for their policies, long-established precedent suggests Trump’s plan wouldn’t survive legal scrutiny.Some critics of Trump’s proposal have cited the 1st Amendment’s protection of those voicing disagreement with federal policy as relevant in this instance.
The court held that the federal government cannot simply require states to implement federal policies, and it cannot punish states for failing to cooperate.To some, the rule was poetic justice: If a state was unwilling to deal with a problem in the way the federal government had deemed best, then it should have to own any harms thereby caused.
Trump’s proposal for releasing immigrant detainees in sanctuary cities would do something very similar: punish jurisdictions that decline to honor requests to notify the federal government of noncitizens the state has in custody and detain them until the feds arrive. Sanctuary cities, even when they don’t provide information or assistance to the federal government, are not saying they want additional noncitizens to locate there.
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