Select Page

Trump Administration Asks Supreme Court to Hear Sanctuary Cities Case

The constitutional showdown over sanctuary cities is now one step closer to the U.S. Supreme Court. Late last month, the Justice Department filed a petition asking the Court to hear arguments in United States v. California, a case which asks whether California’s status as a “sanctuary state” is illegally hampering federal immigration law. (Sanctuary states are jurisdictions whose officials refuse to participate in the enforcement of federal immigration laws.)

The case centers on the California Values Act of 2017. Among other things, that law forbids state and local police throughout the Golden State from providing certain forms of assistance to federal immigration authorities, such as “detaining an individual on the basis of a [federal immigration] hold request”; “transfer[ring] an individual to immigration authorities unless authorized by a judicial warrant or judicial probable cause determination”; and “providing information” to federal immigration authorities “regarding a person’s release date…or other information unless that information is available to the public, or is in response to a notification request from immigration authorities in accordance with” California law.

As far as the Trump administration is concerned, California “openly seeks to undermine federal immigration enforcement” and thus deserves to be slapped down by SCOTUS.

But if the Supreme Court does agree to hear the case, the justices may well take the opposite view. Indeed, if the Court follows a precedent authored by the late Justice Antonin Scalia, the Trump administration is likely to lose.

Printz v. United States (1997) dealt with a provision of the 1993 Brady Handgun Violence Prevention Act requiring local police to assist in the enforcement of federal gun control law. Sheriff Jay Printz of Ravalli County, Montana, challenged the provision on 10th Amendment grounds, arguing that it was unconstitutional for the feds to order state officials like him to carry out a federal statute.

The Supreme Court sided with the sheriff. “The Federal Government may neither issue directives requiring the States to address particular problems,” declared Justice Scalia’s majority opinion, “nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program.”

The same logic that applied in Printz would seem to apply equally well in U.S. v. California. If it’s unconstitutional for the feds to commandeer the states into enforcing a federal gun control scheme, it’s also unconstitutional for the feds the commandeer the states into enforcing federal immigration policy.


This post has been republished with permission from a publicly-available RSS feed found on Reason. The views expressed by the original author(s) do not necessarily reflect the opinions or views of The Libertarian Hub, its owners or administrators. Any images included in the original article belong to and are the sole responsibility of the original author/website. The Libertarian Hub makes no claims of ownership of any imported photos/images and shall not be held liable for any unintended copyright infringement. Submit a DCMA takedown request.

-> Click Here to Read the Original Article <-

About The Author

Damon Root

Founded in 1968, Reason is the magazine of free minds and free markets. We produce hard-hitting independent journalism on civil liberties, politics, technology, culture, policy, and commerce. Reason exists outside of the left/right echo chamber. Our goal is to deliver fresh, unbiased information and insights to our readers, viewers, and listeners every day. Visit https://reason.com

Leave a reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Welcome

Bringing together a variety of news and information from some of today’s most important libertarian thought leaders. All feeds are checked and refreshed every hour and pages auto-refresh every 15 minutes. External images are deleted after 30 days.

Time since last refresh: 0 second

Publish Your Own Article

Follow The Libertarian Hub

 

Support Our Work

Support the Libertarian Hub by tipping with Bitcoin!

Weekly Newsletter

Newsletter Signup

Subscribe to our newsletter to receive a weekly email report of the top five most popular articles on the Libertarian Hub!

Weekly Newsletter SignupTop 5 Stories of the Week

Subscribe to our newsletter to receive a weekly email report of the top five most popular articles on the Libertarian Hub!