The Atlantic: Defunding Sanctuary Cities Is

New Post Public Reply Private Reply Replies (0) Message Board
PoemStone
179
The Atlantic: Defunding Sanctuary Cities Is ‘Unconstitutional’



President Donald Trump’s executive order which will defund sanctuary cities, known as localities that shield illegal immigrants from abiding by federal immigration law, is being called “unconstitutional” and “sloppy” by The Atlantic.

In the piece, dubbed “Trump’s Sloppy, Unconstitutional Order on ‘Sanctuary Cities”, argues that Trump’s order to cut-off funds to sanctuary cities that refuse to comply with federal immigration orders is “unconstitutional” because localities cannot be made to enforce federal laws:

Trump’s order, among other things, seeks to force state and local authorities to actively enforce federal statutes. The conservative legal movement has given that part of the order’s foes some powerful legal weapons. A 1997 case, Printz v. United States, says that the federal government may never order local officials to enforce federal law; the famous 2012 Affordable Care Act case, National Federation of Independent Business v. Sebelius, says that the government cannot use the threat of large funding cuts to “coerce” states into adopting federally demanded policies. The order seems to implicate both constitutional rules.

On the “coercion” issue, the order in fact is best read as a threat—political and financial––against any local government that does not follow any federal orders in the immigration context. It denounces some unnamed local leaders in non-legal language: “Sanctuary jurisdictions across the United States willfully violate Federal law in an attempt to shield aliens from removal from the United States. These jurisdictions have caused immeasurable harm to the American people and to the very fabric of our Republic.”

The premise of The Atlantic’s argument claiming Trump’s order is forcing localities to enforce federal law is not particularly accurate.

Rosemary Jenks, Director of Government Relations for NumbersUSA, says Trump’s order on sanctuary cities does not mandate state and local authorities to deport illegal immigrants. Rather, it mandates that state and local authorities not obstruct the Immigration and Customs Enforcement (ICE) agency’s job in deporting illegal immigrants.

“The executive order doesn’t say they have to enforce federal immigration law, it just makes sure they don’t block federal immigration law,” Jenks told Breitbart Texas.

“Local authorities are not authorized to deport illegal immigrants,” Jenks said. “The fact that local authorities can block communication with feds so no one can be deported. It’s absurd.”

The Atlantic then goes on to challenge Trump’s order for citing the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 which states that “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, [federal immigration officers] information regarding the citizenship or immigration status, lawful or unlawful, of any individual.”

The magazine uses the same 1997 Printz v. United States case to claim that state and local authorities will be made to help deport illegal immigrants alongside federal immigration officials.

This is a kind of linguistic wormhole—state and local “entities and officials” can’t give instructions to other state and local “entities and officials” limiting the information. Thus, by its terms, a city council cannot adopt an ordinance forbidding the police from notifying U.S. Immigration and Customs Enforcement that they have arrested an alien who may be undocumented. A number of cities have rules against such notifications; but the order sweeps in much more. By its terms, Chief Daniels can’t tell Officers Bunk and McNulty not to notify ICE even in a particular case (say of an undocumented alien who is also a key witness in an ongoing investigation). Bunk and McNulty can’t tell the booking sergeant not to do it even if they want the witness to stick around. The booking sergeant can’t even tell the janitor not to do it.

This brings us to Printz. Under the Brady Handgun Violence Prevention Act of 1993, all purchasers of hand weapons are supposed to receive a background check before buying a gun. However, when the bill took effect, the planned federal database for gun dealers (which was supposed to reveal criminal records or mental illness, etc.) was not ready; so the bill temporarily assigned the duty of conducting a check to the “chief law enforcement officer” of each city or county, who was required to send the information produced to the federal government. That meant that two rural Western sheriffs, Jay Printz and Richard Mack, were required by federal law to spend time and effort digging out the criminal and other records of prospective gun owners and reporting them to Washington.

They cried foul, and the Supreme Court agreed, holding that “the Federal Government may not compel the States to enact or administer a federal regulatory program.” That meant that federal statutory commands to state law officers—“you will hold the following people in jail,” for example–are void. This rule—that the federal government can’t order states to pass laws or require state officials to enforce federal laws—is known as the “anti-commandeering principle.”

Jenks, though, told Breitbart Texas The Atlantic’s argument is “patently false.”

“Even if state and local authorities aren’t prosecuting a crime, they’re not obstructing the federal government on who is committing the crime and who’s responding to that,” Jenks said.

The Atlantic notes that ICE detainers, which notify and ask local authorities to hold an illegal immigrant in custody until ICE agents can take over the case, are a “problem” because “under the U.S. Constitution, police are not allowed to keep people in jail unless there is a warrant from a court, or probable cause to believe they have committed a crime.”

In this logic, the magazine says ICE is not a court and the detainer from ICE to local authorities is not probable cause.

The Atlantic completely rules out that entering and staying in the U.S. is a crime, and if an illegal immigrant re-enters the U.S., they could be charged with a federal crime.

Therefore, ICE uses the probable cause that an individual is an illegal immigrant to demand local authorities keep the suspect detained, and as the Federation for American Immigration Reform (FAIR) notes, any illegal immigrant in the country is deportable under the Immigration and Nationality Act.

In regard to Trump’s order cutting federal funds to sanctuary cities for obstructing federal immigration law, The Atlantic cites a United States Supreme Court decision on Obamacare, where Chief Justice John Roberts asserted that “federal government can’t change the conditions for grant programs” if those conditions threaten other independent grant programs.

The magazine also notes the decision declared that the federal government cannot “penalize States that choose not to participate in that new program by taking away” existing funds.

Trump’s order to defund sanctuary cities, though, may be entirely unrelated to the Obamacare ruling, as the magazine admits, writing “the precise outlines of this new limit aren’t clear,” then going on to claim Trump’s order “seems to defy any limit at all.”

Already, the sanctuary city of San Francisco has said it will not comply with Trump’s executive order, risking federal funds in order to shield illegal immigrants, as Breitbart California reported.
Featured stocks: Coffee Shoppe
For conservative debate: "Keeping it Real"
Game Changing stock $SHMP

Scroll down for more posts ▼

Top 10 Most Recent News Articles

EQS Group Unveils 'Q': AI-Driven Compliance Revolution

Updated Category News Views 90

Compliance in the Fast Lane The compliance world just got a hefty upgrade with EQS Group's latest rollout: 'Q by EQS,' an AI-powered intelligence layer that's here to shake up the way compliance tasks are handled. It's integrated right into the heart of the EQS Compliance Cockpit, giving teams an edge by automating those pesky, time-sucking routines and guiding them...

Continue Reading
GeneDx Faces Scrutiny: Are Fiduciary Duties at Risk?

Updated Category News Views 71

What's Brewing at GeneDx? Looks like GeneDx Holdings Corp. is in some hot water—at least that's what Halper Sadeh LLC seems to think. Not your regular Tuesday at the exchange, folks. This legal eagle outfit is poking around GeneDx's henhouse, signaling possible breaches of fiduciary duties by their officers and directors. It's like catching a whiff of something fishy...

Continue Reading
Microplastics Found in Human Blood: Alarming Evidence

Updated Category News Views 106

An Unsettling Discovery in Our Veins Microplastics in the blood? Yep, you read that right, and it’s not some sci-fi horror story—it’s today’s harsh reality. A riveting report from the likes of the Plastic Pollution Coalition and the Canadian Association of Physicians for the Environment has thrown a bucket of cold water on us. They uncovered microplastics in 96%...

Continue Reading
LabWare Loop: A Game Changer for Lab Data Integrity

Updated Category News Views 58

Breaking Down Silos in Lab Environments When it comes to the controlled chaos of laboratory operations, data integrity is the name of the game. We're talking about a new way of doing things that doesn't demand a physics degree just to connect the dots between gizmos and databases. Enter LabWare Loop, a solution that's rewriting the data playbook by linking multi-vendor...

Continue Reading
Lennox Faces Pressures Amidst Strong Revenue Growth

Updated Category News Views 118

Revenue Surge but Margin Squeeze Out there in the land of HVAC, Lennox International (NYSE: LII) just dropped its third quarter earnings for 2026. Sure, they raked in a solid $1.6 billion—up a hearty 10%. But all that glitters ain't gold, and the company's operating income took a hit down to $312 million, shedding a cool five percent from last year. Challenges Weighing...

Continue Reading
Raleigh's Auction Direct Stresses Oil Changes

Updated Category News Views 15

Keeping Engines Humming in Raleigh There's nothing quite like keeping an engine running like clockwork, especially in a place like Raleigh where folks rely on their rides day in and day out. That's where Auction Direct USA steps in, offering professional oil change services aimed at preserving the performance and reliability of used cars. A simple yet crucial service:...

Continue Reading
Corgi Insurance Eyes $100B Auto Market with New Launch

Updated Category News Views 148

Leaping Into a Booming Market Well, it looks like someone lit a fire under Corgi Insurance, and they're ready to chase bigger bones. They’ve just rolled out a product called Corgi Business Auto, signaling quite a bold move into the hefty, nearly $100 billion U.S. commercial auto insurance arena. Now, as an old hand at this game, my ears perk up whenever I see a player...

Continue Reading
Auction Direct USA Offers Budget-Friendly Used Cars

Updated Category News Views 6

Dollars and Sense: Affordable Cars in Raleigh Listen up, folks. These days, unless you're on the hunt for a fancy ride decked out with every bell and whistle, the idea of nabbing a car under ten grand almost sounds like a fairytale. But Auction Direct USA in Raleigh is making this dream a reality. That’s right, a whole fleet of used cars, all priced under $10,000, is...

Continue Reading
AvePoint Joins S&P SmallCap 600, Replacing LXP

Updated Category News Views 46

Shifting Scenes in the SmallCap Index Wall Street always throws a curveball right when you think you've seen it all. This time, it's AvePoint Inc. (NASD: AVPT) making waves as it steps into the S&P SmallCap 600 ring come November 2. Booting out LXP Industrial Trust (NYSE: LXP), this whole shuffle's coming down because those guys over at Brookfield Asset Management Ltd....

Continue Reading
Photocure's Q3 2026: Revenue Plateau and CFO Shakeup

Updated Category News Views 74

The Bladder Cancer Scene: Steady as She Goes Sometimes, you look at numbers and find tranquility, like staring into still waters. That's the scene over at Photocure ASA with their latest Q3 results. Clocking in with revenues of NOK 134.2 million from their Hexvix®/Cysview® products, they're barely flinching from last year's NOK 134.1 million. Is it a victory or a...

Continue Reading

Top 5 Most Recently Viewed Articles

Outbound Hotels Expands Portfolio with New Stunning Destinations

Updated Category News Views 142

Outbound Hotels Enhances Outdoor Hospitality Experience Outbound Hotels is making waves as it embarks on an exciting journey of growth. This new chapter marks a significant transformation for the company as it expands its operations and solidifies its standing in the outdoor hospitality industry. The brand is set to introduce two remarkable properties, Outbound Yosemite...

Continue Reading
Altimeter Solutions Group: A New Chapter in Managed Repair

Updated Category News Views 332

Altimeter Solutions Group Emerges from Alacrity Network Solutions Alacrity Network Solutions is taking a significant step into the future with the transformation of its Managed Repair Division (MRP) into an independent entity known as Altimeter Solutions Group. This change comes following a strategic investment from BV Investment Partners, a prominent private equity firm...

Continue Reading
Amazon Stock Surges as Online Sales Hit Record Numbers

Updated Category News Views 212

Understanding the Surge in Amazon's Stock Prices Amazon.com Inc (NASDAQ: AMZN) shares saw a noteworthy uptick recently, coinciding with unprecedented Black Friday online sales. This surge in stock prices is primarily attributed to the growing reliance on AI-driven shopping tools, enhancing customer experiences. The Impact of Black Friday Sales In a recent report, it was...

Continue Reading
Armed Services YMCA Expands Child Care Facilities for Military Families

Updated Category News Views 487

Armed Services YMCA Enhances Childcare Services for Military Families The Armed Services YMCA (ASYMCA) has made a significant stride in supporting military families by announcing the upcoming launch of three new child development centers (CDCs). These centers aim to alleviate the lengthy childcare waitlists that families in military communities face. New Centers Opening...

Continue Reading
Prime Focus Technologies Innovation Recognized with Award

Updated Category News Views 262

Prime Focus Technologies Achieves Industry Recognition Prime Focus Technologies (PFT), the brainpower behind the revolutionary CLEAR® AI Content Studio, has received the prestigious NAB Show "Product of the Year" Award in the AI/Machine Learning category. This accolade validates PFT's commitment to harnessing cutting-edge technology to transform the media and...

Continue Reading