By Rick Oltman, November 21, 2017
A federal judge has once again halted a presidential order that would withhold some federal funding from cities that refuse to comply fully with federal efforts to enforce our immigration laws, i.e., Sanctuary Cities.
Judge William Orrick of the notorious 9th Circuit seems to have ignored Title 8 U.S.C. 1324, which says quite clearly that harboring and concealing from detection illegal aliens is against the law, whether committed by individuals or sanctuary city officials.
I am not a lawyer, but the following is written in code.
From Title 8 U.S.C. 1324:
Harboring — Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who — knowing 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 in any place, including any building or any means of transportation.
The Associated Press headline uses the word “permanent.” Orrick says in his opinion on the Executive Order “… permanently enjoin Section 9(a).1”
However, no ruling on the funding of sanctuary cities will be permanent until the U.S. Supreme Court decides.
The Trump Administration has threatened to withhold federal funds to enforce federal policy over states’ rights from issues as varied as obeying the federal speed limit on the highways to transgendered bathrooms. Recall that the previous Obama Administration threatened to cut off federal funding to North Carolina because of its transgendered bathroom law.
Also, rational-thinking adults might conclude that one condition of accepting federal funding would be to obey the laws of the United States, which even the elected officials of sanctuary cities are sworn to uphold. The laws of the United States give the president the power to control our nation’s immigration policy and the Constitution gives the president control of our foreign policy and border security.
There is also this:
Conspiracy/Aiding or Abetting — Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses.
So, let’s move on to the next stage, appeals. Let’s go all the way to the Supreme Court. Next year being an election year, it will be interesting to see how candidates for public office respond to a Supreme Court ruling that will likely rule, once and for all, that the president has the power to withhold federal funds from jurisdictions who violate federal law.
You have enemies? Good. That means you’ve stood up for something, sometime in your life. [Winston Churchill.]
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