4
   

What, exactly, is the rationale for establishing "sanctuary cities?"

 
 
maxdancona
 
  1  
Reply Fri 19 Jan, 2018 09:58 am
Let me put it this way.

Imagine if your worst fears had happened; Hillary Clinton was elected and now the ATF was asking to work with local police departments to enforce every Federal gun law on the book.

You know the reaction that would come out of conservative communities to save their guns? That is how I feel about immigrants (except immigrants are actually people).
layman
 
  0  
Reply Fri 19 Jan, 2018 10:01 am
@maxdancona,
maxdancona wrote:

I thought it was funny Layman.


That wasn't the question, Max. Stop being evasive if you're so eager to actually "debate" the issue.

The question was this: Do you disagree with the proposition that the feds can FORCE state officials to comply with federal law, whether the local officials like it or not.
maxdancona
 
  1  
Reply Fri 19 Jan, 2018 10:08 am
@layman,
Quote:
Do you disagree with the proposition that the feds can FORCE state officials to comply with federal law, whether the local officials like it or not.


First, let me answer you question with a simple and definitive "No".

There is no Federal Law that says that state officials have to do anything to enforce immigration law. If the Federal Government decides to enforce federal law... that is their responsibility. They don't get to tell state officials to do anything.
maxdancona
 
  1  
Reply Fri 19 Jan, 2018 10:11 am
@layman,
I am not looking to debate. Your thread title suggests that you are looking to understand the rationale. Maybe I made a mistake engaging with you.

The fact is that tens of millions of us American citizens are pushing our local governments to pass sanctuary policies. If you are looking to debate about whether that is our right... that isn't even an interesting debate. We have that right.

If you want to understand why we are doing this... I could help you understand. I don't want to be yelled at, and I can state my rationale as you ask. But I ain't going to get into a bitching match on this issue.
layman
 
  0  
Reply Fri 19 Jan, 2018 10:16 am
@maxdancona,
maxdancona wrote:

First, let me answer you question with a simple and definitive "No".

There is no Federal Law that says that state officials have to do anything to enforce immigration law. If the Federal Government decides to enforce federal law... that is their responsibility. They don't get to tell state officials to do anything.


As a general rule, you are wrong. The local redneck sheriff can, under federal law, get the death penalty for not enforcing a citizen's constitutional right to equal protection.

"Not enforcing" is not the same as "defying" or "obstructing" the enforcement of federal laws. They are plenty of federal statutes which make it a crime, punishable by up to 10 years in the pen, for even "encouraging" an alien to enter the country illegally. Of course harboring same, assisting same in their illegal entry, etc are also illegal.

It is illegal, under federal law to do those things. I grant you that the feds will have to be the ones to prosecute mayors, governors, and the like, because they will never prosecute themselves, but that does not make their actions "legal."
0 Replies
 
layman
 
  0  
Reply Fri 19 Jan, 2018 10:22 am
@maxdancona,
maxdancona wrote:

Your thread title suggests that you are looking to understand the rationale. .

If you want to understand why we are doing this... I could help you understand.


I'll say it for the third time, Max:
Quote:
As I said at the outset, I am seeking a logical, not merely an emotional, explanation. Strong emotions may be an explanation, but standing alone they do not constitute a REASON for doing something (or not).


Can you not understand the difference between an "explanation" and a reason? Hint: the word rationale has been defined as: "a set of reasons or a logical basis for a course of action or a particular belief."

I quickly understood your emotional explanation, and said so. That isn't what I was asking for with the thread title, however.
layman
 
  0  
Reply Fri 19 Jan, 2018 10:29 am
@layman,
So far, Max, I have not seen anything in your "reasons" beyond stating how you "feel" and saying what you "want." Sorry, those aren't "reasons."

They cannot serve to reconcile the tension created by an opposition to open borders coupled with simultaneous support of sanctuary laws.
0 Replies
 
hightor
 
  1  
Reply Fri 19 Jan, 2018 10:34 am
@maxdancona,
Quote:
1. I don't get you point about "sentiment". In a democracy, every law and every policy depends on the sentiment of the voters. The laws you support are equally sentiment.

It was an answer to this question:
layman wrote:
If you are not actually an advocate for truly open borders, then how and why would you object to immigration laws being enforced?

The press coverage around this issue, on both sides, has sought to emphasize the "human interest" factor. Emotions around the issue are a bit more intense than you might find in a debate about traffic laws or zoning requirements. I think this explains why people can hold simultaneously contrary views, affirming their opposition to open borders yet wishing to confer amnesty on the illegals.
Quote:
I would like the Federal Government to have a rational immigration policy. What that means doesn't matter in this context... but suffice to say I think that the current immigration policy is ridiculous.

I agree.
Quote:
The voters in my local city want to protect "illegal immigrants".

Why the use of quotation marks — are they actually here legally?
Quote:
The police are appointed by the local governments and are accountable to only the residents of the city and state where they serve.

I understand that point — the arrests and deportations are being carried out by federal agents.

layman wanted to know the rationale for establishing sanctuary cities and I think we know the answer — some people object to the enforcement of immigration laws as they have an emotional or economic investment in allowing illegal aliens to live and work in their communities. Changing the law is the only solution.
maxdancona
 
  1  
Reply Fri 19 Jan, 2018 10:51 am
@hightor,
This conversation is boring me, partially because the line of attack you are using is pretty much rote by now.

Quote:
layman wanted to know the rationale for establishing sanctuary cities and I think we know the answer — some people object to the enforcement of immigration laws as they have an emotional or economic investment in allowing illegal aliens to live and work in their communities. Changing the law is the only solution.


Sure... and we have changed the law. Sanctuary cities are the result of changing the law. What you are failing to understand is that Federal Law is not local law. These often interact in weird ways but these are settled in the court.

Any answers to your question; including the reason I put quotes around "illegal", can be found on any number of screaming matches on the internet in the past 20 years.

Our local governments are accountable to local citizens. That is the answer to your question.

Bring up something new please... I could write your attacks in sleep, you are just throwing the rote attacks. I get no enjoyment from slinging the rote retorts.


hightor
 
  1  
Reply Fri 19 Jan, 2018 11:03 am
@maxdancona,
I'm not "attacking" anyone or any viewpoint. It's one of those "democracy is a process" situations.
0 Replies
 
layman
 
  0  
Reply Fri 19 Jan, 2018 11:36 am
@maxdancona,
maxdancona wrote:
Sure... and we have changed the law. Sanctuary cities are the result of changing the law What you are failing to understand is that Federal Law is not local law. These often interact in weird ways but these are settled in the court.

You keep repeating this, Max, as though repetition makes it true. I have told you that I think you are dead wrong about it. I have told you why. I have summarized some laws, and given examples. You have not responded to any of that. You just ignore it and keep repeating your flawed assertions about what is "settled law."

Nobody "doesn't understand" that federal law is not local law. This "strawman" response don't do nuthin to advance your arguments. It just another way of flatly asserting, without basis, your wishful thinking as "fact."

I must say that this is quite typical of you. I guess it's your idea of "debate," eh?
centrox
 
  1  
Reply Fri 19 Jan, 2018 12:56 pm
Isn't it "State's Rights" to defy Federal law and enact their own laws? Strange how the wingnuts stick up for the Feds when it suits them.
layman
 
  0  
Reply Fri 19 Jan, 2018 12:58 pm
@layman,
The L.A. Times, which itself is known to consume massive quantities of cheese wrote:
Can Trump cut off funds for sanctuary cities? The Constitution says yes.

The federal government must enforce its own laws, using federal personnel. So when state or local police arrest immigrants who are present in the country illegally, they are under no obligation to deport them, as deportation is the responsibility of the federal government alone.

This "anti-commandeering" doctrine, however, doesn't protect sanctuary cities or public universities — because it doesn't apply when Congress merely requests information. For example, in Reno v. Condon (2000), the Court unanimously rejected an anti-commandeering challenge to the Driver's Privacy Protection Act, which required states under certain circumstances to disclose some personal details about license holders. The court concluded that, because the DPPA requested information and "did not require state officials to assist in the enforcement of federal statutes," it was consistent with the New York and Printz cases.

It follows that, consistent with the anti-commandeering doctrine, Congress can require state, local or university police to tell federal agents when they arrest an immigrant present in the country illegally.

A separate constitutional doctrine, the anti-coercion doctrine, likewise won't shield sanctuaries. This doctrine holds that while Congress may impose conditions on receipt of federal funds, it cannot coerce states into accepting those conditions.

Some, including the Washington Post's editorial board, have suggested that Congress should give sanctuary cities flexibility to report only those who've committed the most serious violent offenses. But precisely which criminals should be subject to deportation requires resolution by Congress, not each city or university. The Constitution is clear that power to determine deportation policies belongs to Congress, not states, municipalities or universities.


http://beta.latimes.com/opinion/op-ed/la-oe-rivkin-foley-sanctuary-city-20161207-story.html

That the "settled law" you're talking about, eh, Max? And that aint even the half of it. Ever hear of the "supremacy clause?"

Quote:
The Supremacy Clause of the United States Constitution (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land. It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied. Even state constitutions are subordinate to federal law.


https://en.wikipedia.org/wiki/Supremacy_Clause

That, my friend, is the "settled law."
0 Replies
 
layman
 
  0  
Reply Fri 19 Jan, 2018 09:10 pm
@maxdancona,
maxdancona wrote:

Quote:
Do you disagree with the proposition that the feds can FORCE state officials to comply with federal law, whether the local officials like it or not.


First, let me answer you question with a simple and definitive "No".


The question wasn't even about States enforcing Federal law. It was about whether the feds can force States to "comply with" (not enforce) FEDERAL law.

That said, the States do in fact have ample authority to make arrests of anybody in their jurisdiction for violations of federal law, as well as their own state laws:

Kris W. Kobach, law professor, wrote:
The law on this question is quite clear: arresting aliens who have violated either criminal provisions of the INA or civil provisions that render an alien deportable "is within the inherent authority of the states." And such inherent arrest authority has never been preempted by Congress.

It is well established that the authority of state police to make arrests for violation of federal law is not limited to those situations in which they are exercising delegated federal power. Rather, such arrest authority inheres in the States’ status as sovereign entities. It stems from the basic power of one sovereign to assist another sovereign. There is abundant case law on this point. Even though Congress has never authorized state police officers to make arrest for federal offenses without an arrest warrant, such arrests occur routinely.

....And again in 2001, the Tenth Circuit reiterated that "state and local police officers [have] implicit authority within their respective jurisdictions ‘to investigate and make arrests for violations of federal law, including immigration laws.’" United States v. Santana-Garcia, 264 F.3d 1188, 1194 (citing United States v. Vasquez-Alvarez, 176 F.3d 1294, 1295).

When local law enforcement agencies arrest and detain aliens for violations of immigration law prior to transfer to federal immigration authorities, it has been the regular practice of the federal government to reimburse such agencies for any detention costs incurred.

There is a wealth of cases in which the arrest of an alien by a state or local police officer was crucial in securing the capture of a suspected terrorist, a career criminal, or an absconder fleeing a final removal order. The role that state and local police officers play simply cannot be overstated. They are the eyes and ears of law enforcement that span the nation. They are the officers who encounter aliens in traffic stops and other routine law enforcement situations.


https://cis.org/State-and-Local-Authority-Enforce-Immigration-Law

But, to get back to the main point: any sumbitch in the whole damn country, whether he is a mayor, a state governor, or anybody else, can be arrested for violations of duly-enacted federal law which forbids complicity, including mere "encouragement," in the illegal entry of an alien into this country.


0 Replies
 
layman
 
  0  
Reply Sat 20 Jan, 2018 09:43 am
This here boy is just beggin for a beatdown, sho nuff:

Quote:
California attorney general threatens legal action if employers assist federal immigration raids

California Attorney General Xavier Becerra warned businesses on Thursday to keep quiet when talking to federal immigration authorities or face legal ramifications.

The state’s new law, the Immigrant Worker Protection Act, which aims to protect workers regardless of immigration status. The new law seeks to prevent workers from being detained at their workplaces.

If they voluntarily start giving up information about their employees or access to their employees...they subject themselves to actions by my office,” Becerra said.

We will prosecute those who violate the law,” he continued.


What kinda name is "Becerra," I wonder? German, maybe? French?
hightor
 
  1  
Reply Sat 20 Jan, 2018 09:48 am
@layman,
He's hispanic — I hope you're not surprised.
0 Replies
 
layman
 
  0  
Reply Sat 20 Jan, 2018 09:49 am
@layman,
Quote:
8 USC section 1324 (a) (1) (A) (iii) makes it an offense for any person who knowingly or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection such alien.

8 USC section 1324 (a) (1) (A) (iv) makes it an offense for any person who encourages or induces an alien to come to, enter, or reside in the United States, knowingly or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of the law.

8 USC section 1324 (a) (1) (A) (v) expressly makes it an offense to engage in a conspiracy to commit or to aid or abet the commission of the above offenses.


Becerra and his homeboys may have hit the trifecta, including "conspiracy," here, eh?

0 Replies
 
layman
 
  -1  
Reply Sat 20 Jan, 2018 10:17 am
Quote:
Los Angeles is at the center of the immigration debate, and Mayor Eric Garcetti, who is thinking of running for president, is in the middle of it. Garcetti spoke of President Donald Trump with contempt.

Garcetti supports the long-standing Los Angeles Police Department policy of limiting cooperation with federal immigration officers in dealing with undocumented immigrants. This is a linchpin of the national “sanctuary city” movement.

He and the Los Angeles City Council are working on ordinances to strengthen these procedures, and Garcetti’s office has reached out to help immigrants in other ways.


Cool! He could be the first Polish president. "Garcetti" is a polish name, aint it? He hates Trump. That makes him a shoo-in, I figure.

hightor
 
  1  
Reply Sat 20 Jan, 2018 10:51 am
@layman,
He's Irish.
layman
 
  -1  
Reply Sat 20 Jan, 2018 12:26 pm
@hightor,
hightor wrote:

He's Irish.
Yeah, could be, I guess. Max would know, I betcha. He's from Boston, he says, and there aint nuthin but a buncha damn Micks there, I hear-tell.
 

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