Trump ‘Sanctuary’ Order Explained

If you want to know more about how president Trump’s executive order on “sanctuary cities” applies, look at the letter further down from Republican US congressman Steve King of Iowa to the Des Moines, Iowa school board after the board proposed a resolution to adopt “sanctuary” policies in its schools.

Now here is 8 US Code Section 1373. This is the law as written, and this is what the “sanctuary” order is all about (INS is now known as Immigration and Customs Enforcement (ICE)):

Communication between government agencies and the Immigration and Naturalization Service

(a)IN GENERAL
Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual.
(b)ADDITIONAL AUTHORITY OF GOVERNMENT ENTITIES Notwithstanding any other provision of Federal, State, or local law, no person or agency may prohibit, or in any way restrict, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual:
(1)
Sending such information to, or requesting or receiving such information from, the Immigration and Naturalization Service.
(2)
Maintaining such information.
(3)
Exchanging such information with any other Federal, State, or local government entity.
(c)OBLIGATION TO RESPOND TO INQUIRIES
The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information.

This law was passed under Bill Clinton in 1996 but Democrats are now claiming that “it is not the job of local governments to enforce federal law” and that president Trump cannot punish these cities for not doing the job of ICE.

That is not the point at all. Countless times – probably millions of times – over the past few decades local officials have willfully ignored federal law when they clearly knew that they had an immigration violation on their hands. It was never a matter of local officials “doing the job” of federal officials. It was a matter of local officials willfully neglecting to simply notify federal officials when they knew that they had a violation on their hands, as required under Section 1373.

This neglect of federal law is what led to the murder of Kate Steinle in San Francisco after local officials refused to notify federal officials of an immigrant in their custody whom they knew to be both dangerous and illegal (he had seven felony convictions in the US). That immigrant was released and went on to kill Steinle in the Summer of 2015.

This killer returned to the US five times after being deported on drug charges, since our border was not being enforced by the same liberals who support “sanctuary” policies. So Kate Steinle was a victim twice of lax leftist immigration policies.

Congressman King’s letter below explains how the law really works, as opposed to liberals’ perception of how the law works. Liberals think that law should only be what liberals want it to be.

This liberal approach is the direct route to tyranny. America has been described for centuries as a “nation of laws” and that is what we are. If we are not bound to follow the laws as debated, written and enacted by duly elected representatives, and if the law is whatever some people want it to be, then liberty dies.

Notice what King says in the last paragraph of his letter below: “The (adoption of the ‘sanctuary’) resolution also could require school officials to commit a Class C or D felony and face possible jail time.”

This is what Nikitas3.com has been saying since Trump was elected: If these officials don’t want to enforce the law, the federal government should withhold federal funds and/or arrest them and they can go to jail, lose their jobs and their political office, and have a felony on their record for life. Period. End of story.

It’s not as if Trump does not have all the federal power. These “sanctuary” people had better learn quickly or the hammer is going to come down from Washington.

Here is congressman King’s letter in full to the Des Moines school board:

February 7, 2017

I am writing to inform you of the potential serious legal ramifications of the self-proclaimed “sanctuary” resolution under consideration by the Des Moines School Board on February 7, 2017 at 6:00 p.m. If adopted and implemented as school policy they could not only violate the Constitution’s Supremacy Clause at Article VI, Section 2, but also two separate sections of the United States Code at 8 U.S.C. 1373 and 8 U.S.C. 1324.

In the first resolved section the resolution states that “[s]chools shall not permit ICE officials to access students, their families, or district staff and contractors at schools without having first contacted and processed their request and all relevant documentation through the Office of the Superintendent.” This stands in direct contravention of 8 U.S.C. 1373 which states, in part, any “local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving … information regarding the citizenship or immigration status, lawful or unlawful, of any individual.”

Additionally, President Trump issued an executive order entitled “Enhancing Public Safety in the Interior of the United States” on January 25, 2017 that states, in part, “[i]t is the policy of the executive branch to ensure, to the fullest extent of the law, that a State, or a political subdivision of a State, shall comply with 8 U.S.C. 1373.”3 In furtherance of this policy the executive order goes on to state “jurisdictions that willfully refuse to comply with 8 U.S.C. 1373 (sanctuary jurisdictions) are not eligible to receive Federal grants, except as deemed necessary for law enforcement purposes by the Attorney General or the Secretary.” This means implementation of the resolution section quoted above violates federal law and could lead to loss of federal funds.

Blocking access to school grounds as the resolution contemplates also triggers consideration of 8 U.S.C. 1324. This statute states that harboring, concealing, or shielding an alien with knowledge or reckless disregard for that alien’s unlawful status “including in any building” is a class C or D felony under Title 18, which is the criminal code of the United States of America.5 Furthermore, that same statute explicitly makes it a crime to engage in conspiracy to harbor, conceal or shield illegal aliens or to aid or abet the commission of the foregoing acts. That means those blocking ICE access to school grounds for purpose of protecting those with unlawful status are potentially facing up to 10 years in prison per offense. This includes those that conspire or aid or abet in such criminal actions.

Finally, there is also the Constitution of the United States which includes the Supremacy Clause at Article VI, Section 2. This states where that the Constitution and the laws made pursuant to it are the supreme law of the land. Article I, Section 8, Clause 4 empowers Congress to make immigration law. As seen above, Congress clearly has enacted immigration law that the resolution of the Des Moines School Board violates. Therefore, the resolution stands in violation of the Constitution of the United States of America and the laws made under the authority thereof.

In closing, this resolution looks to violate constitutional law, civil law and criminal law. It behooves all parties contemplating this course of action to think deeply about the serious legal ramifications. The President has already stated a policy of removing funds as a civil sanction for violation of 8 U.S.C. 1373. The resolution also could require school officials to commit a Class C or D felony and face possible jail time. If there is a disagreement on immigration law, then all are free to attempt to change it through the political process. However, no one is free to act in violation of the law simply because they do not agree with it.

Sincerely,

Congressman Steve King

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