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Sanctuary Cities Are Against Federal Law - Where Are The Lawsuits?

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There is an excellent article on the dangers and illegality of "Sanctuary Cities" over at Human Events. I think it is well past time that these cities be sued into enforcing the law. They force the taxpayer, many of them in the rural and suburb parts of states, to foot the bill for the large illegal alien populations within the cities within those states. That is through state taxes. The most immoral part is that the rest of the money comes from federal taxes which are funneled to those cities that are mostly outside of the states the taxpayer lives in.

If you live in Kansas, your federal dollars are going to educate illegal alien children in California and emergency health care in Texas for instance. What good is that doing for you? Your taxes should be benefiting you in some way and they most certainly are not when they are used in that fashion.

While the Department of Justice ignores these cities that are flagrantly violating federal law, they have mounted their attack on Arizona, whose law does not supersede federal law in any way. Obama called Arizona's law creating a "patchwork", but the reality is that our current enforcement in this country is a "patchwork" of enforcement. Sometimes the law is enforced and sometimes it is not. It really is quite a disgrace.

Kris Kobach, constitutional lawyer and principal author of Arizona's SB1070, explains exactly where and what it states in federal law that "Sanctuary Cities" are illegal.

Sanctuary cities are against the law. In fact they violate two federal statutes.

"The case against sanctuary cities is very straightforward," Kris Kobach, principal author of the Arizona SB 1070 enforcement law told HUMAN EVENTS in an exclusive interview. "There are two laws that Congress passed in 1996 that expressly forbid sanctuary cities and they are found at Title 8 Section 1373 and Title 8 Section 1644 of the U.S. Code. Those statutes say in plain English that a city may not have a policy that prohibits its officers from communicating with the federal government about a person’s immigration status."

Where are all the enterprising young lawyers that want to make a name for themselves by suing these cities? I'm sure you could get a good backing of the American people to step forward and cover your costs. For after all, in the end it would be saving them money.

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Posted by Digger on July 27, 2010 05:09 AM (Permalink)

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To the extent that the federal government require that the Cities/States enforce federal law, the requirement is in violation of the Tenth Amendment (See Printz v. U.S.). The feds can require that officers give over the immigration information that they have, but cannot require that the officer obtain the information in the first place.

Posted by: anon234234 on July 27, 2010 08:12 AM

I have been asking, for years, why there are no young attorneys who will step up and make a name for themselves via challenging the government on sanctuary cities and/or the dereliction of duty re illegal immigration in general.

After reading The Professors by David Horowitz I realized that just as the Progressives have taken over the minds of 99.9% of professors so, too, has the legal profession managed to brainwash and turn out attorneys who follow the Progressives' path that will, eventually, lead to the destruction of this country. Attorneys the caliber of Kris Kobach are few and far between.

Posted by: Kathleen on July 27, 2010 10:54 AM

Great post, Digger! Sorry I missed this last year! A very important issue today in 2011 as Sanctuary City ordinances--which are clearly illegal--are killing us. A Houston police officer, Officer Kevin Will, was killed last week by a DUI illegal alien. At some point, Texans and other state's citizens have to say "Enough!". In my opinion, Governor Perry--whose backing of an Anti-Sanctuary City bill was shot down by Democrats in a legislative manuever--could declare (by EO) all Texas Sanctuary Cities to be "outside Federal law" and send The Rangers or State Police to monitor local police so that they begin asking those they question or arrest for proof of legal status. He wouldn't need a 1070 law to do this as Sec. Kobach has clearly stated above that Sanctuary City ordinances and practices are against Federal law. The trouble is, Gov. Perry is eyeing running for President and doesn't want any "negative publicity". What he doesn't seem to realize--probably because of his Rovian advisors--is that he could "ride" the nomination next year to The White House simply be showing he's in fact a law and order pol, not a RINO, by signing such an EO. He could campaign NOW around the state at every major city with the main message being "Texas is no longer a sanctuary for illegal aliens and other criminals."

Posted by: Dave Levine on May 30, 2011 06:57 PM

Also see these other great immigration resources

The Dark Side Of Illegal Immigration
The Dark Side Of Illegal Immigration

A 28 part detailed report on the negative impacts of illegal immigration.
Immigration Stance
Immigration Stance

Find out how your members of Congress voted on immigration issues.

The Dark Side Of Illegal Immigration
Read the free 28 part report The Dark Side of
Illegal Immigration

Includes facts, figures
and statistics.

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