So the question becomes what exactly a piece of legislation “banning sanctuary cities” actually looks like.
Does congress (or the Feds more broadly) have the authority to compel states and local municipalities to deploy their law enforcement personnel in a specific jurisdiction for a specific purpose?
The closest analogy I can think of is the forced desegregation of the south, but that was in response to explicitly unconstitutional civil rights violations at the municipal level.
You would have to show that a sanctuary city is violating the civil rights of the residents by not assisting immigration enforcement activities and/or supporting illegal immigration.
You could try to make the roundabout case that crimes committed by illegal immigrants are a civl rights violation that’s being tacitly condoned, but that’s a dicey proposition because there’s already a lot of domestic crime in these same cities. If the governor is legally compelled to do everything in his power to stop illegal immigrant crime, is he not also compelled to do the same for citizen crime? What would that even look like?
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So the question becomes what exactly a piece of legislation “banning sanctuary cities” actually looks like.
Does congress (or the Feds more broadly) have the authority to compel states and local municipalities to deploy their law enforcement personnel in a specific jurisdiction for a specific purpose?
The closest analogy I can think of is the forced desegregation of the south, but that was in response to explicitly unconstitutional civil rights violations at the municipal level.
You would have to show that a sanctuary city is violating the civil rights of the residents by not assisting immigration enforcement activities and/or supporting illegal immigration.
You could try to make the roundabout case that crimes committed by illegal immigrants are a civl rights violation that’s being tacitly condoned, but that’s a dicey proposition because there’s already a lot of domestic crime in these same cities. If the governor is legally compelled to do everything in his power to stop illegal immigrant crime, is he not also compelled to do the same for citizen crime? What would that even look like?