Can it be done? I think so! But, it will take President Trump showing leadership and having the temerity to enforce federal law over civil disobedience.
How can that be done you ask?
When any government entity (city, county, state) makes a law contrary to Federal Law, that law is automatically in violation of the United States Constitution Article 6 Clause 2. This is often referred to as the Supremacy Clause. Federal law is the law of the land and no entity can pass laws contrary to that. This is what sanctuary cities / counties / states are doing.
When the government entity declaring a sanctuary status does not turn over a criminal when requested by federal law authorities and they release them into the general population. The people doing this are in violation of many federal laws. The ones passing the laws in their jurisdiction will claim that this falls under U.S.Code Title 42 Section 1983 and claim immunity from prosecution due to legislative actions. This is bogus because their legislative action is against the law to begin with. They are simply putting their constituents at risk of being injured by that criminal. Think Kathryn Steinle’s murder in San Francisco.
Now since the government entity has already violated the Supremacy Clause of the US Constitution. When they refuse to turn over an illegal immigrant criminal, they are in effect harboring the criminal and preventing him/her from being arrested by Federal Law Enforcement. Harboring a criminal (and an illegal is a criminal by definition) is in violation of US Code Title 18 Section 1071 and 1072. Penalties for harboring that illegal can range up to TWENTY years in federal prison according to US Code Title 8 section 1324.
If that illegal has injured anyone after being released, the government entity should be able to be sued and the people voting for the sanctuary status should be able to be sued personally due to their negligence in carrying out their duties and violating the laws of the United States. After all they promise to serve and protect their constituents. I know in the Federal Government, a supervisor can be personally sued and if negligence is proven the government will not pay for the lawyer to defend that supervisor. So anyone injured by an illegal that has been released in a sanctuary jurisdiction (city / county / state) should be able to sue the individuals voting for the sanctuary status.
Some of the jurisdictions have stated as a reason the 5th and 14th amendment to the constitution. This is the right to due process. Either they already have a deportation order in place or the criminal illegals will be provided that right. Also the 10th amendment is often cited. This is the state’s rights amendment. Securing the borders and immigration policy is the sole jurisdiction of the federal government so also does not apply.
Now, what can President Trump do about all this? He should have the leadership and members of sanctuary jurisdiction arrested and tried under Federal Law for violation of the United States Constitution, Titles 8, 18, and 42. Then they can be incarcerated for a long time.
It should only take one case and the remainder will fall into line.
Now, let me introduce myself. I am conservative, Eagle Scout, Graduate of the School of Hard Knocks (actually a Major University) with a degree in Economics and a retired Military Officer. If you like my writing and ideas, look me up on my new facebook page (Marks Karl). Or you can write me at [email protected]
The opinions expressed in this commentary are solely those of the author and are not not necessarily either shared or endorsed by iPatriot.com.