California’s government has declared itself a sanctuary state. The action raises a significant question: whose interests are Governor Brown and the state legislatures’ politicians truly working for?
Sanctuary policies produce two substantial results for the legal inhabitants of a jurisdiction. First, they increase costs, and second, they protect portions of the criminal population.
Despite the fiction disseminated by sanctuary policy supporters, there is no mass roundup of illegals that require the countermeasure of sanctuary protection. Sanctuary policies primarily serve to protect criminals apprehended by local law enforcement agencies from being handed over to the federal government for deportation proceedings.
Jen Kerns, writing in The Hill notes that “Progressives in California over the last ten years have increasingly placed the so-called ‘rights’ of illegal immigrants over the public safety of its residents.”
A 2016 Center for Immigration Studies reported “Across the U.S., there are 340 cities, counties, and states that are considered ‘sanctuary cities.’ These jurisdictions protect criminal aliens from deportation by refusing to comply with ICE detainers or otherwise impede open communication and information exchanges between their employees or officers and federal immigration agents… This has resulted in the release by local authorities of approximately 1,000 criminal aliens per month… [The] Immigration and Customs Enforcement (ICE) reported to Congress that, between January 1 and September 30, 2014, local sanctuaries released 9,295 alien offenders that ICE was seeking to deport. More than 600 people were released at least twice…Out of these, 5,947 of the criminal aliens (62 percent) had significant prior criminal histories or other public safety concerns even before the arrest that led to a detainer. Fifty-eight percent of those with a prior history of concern had prior felony charges or convictions; 37 percent had serious prior misdemeanor charges, and 5 percent had multiple prior misdemeanors. An alarming number — 2,320 — of the total number of released offenders were subsequently arrested within the time period studied for new crimes after they were released by the sanctuaries…Of the 6,460 criminal aliens who were still at large during the time period studied, 3,802 (58 percent) had prior felonies or violent misdemeanors.”
The new California law directs the state Attorney General to establish policies that limit assistance with federal immigration authorities, repealing current statutes which require the police to notify federal authorities when an alien is arrested for a crime. The new California law directs the state Attorney General to establish policies that limit assistance with federal immigration authorities, repealing current statutes which require the police to notify federal authorities when an alien is arrested for a crime.
Nolan Rappaport notes the new California law violates 8 U.S.C. 1373, which mandates that “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 of any individual: Sending such information to, or requesting or receiving such information from, the Immigration and Naturalization Service (ICE); Maintaining such information; or Exchanging such information with any other federal, state, or local government entity. In addition, Executive Order 13768, (see summary, below) ‘Enhancing Public Safety in the Interior of the United States,’ requires the attorney general and the DHS secretary, to the extent consistent with law, to ensure that jurisdictions which willfully refuse to comply with 8 U.S.C. 1373 do not receive specified types of federal grants.”
Executive Order 13768: Enhancing Public Safety in the Interior of the United States
Interior enforcement of our Nation’s immigration laws is critically important to the national security and public safety of the United States. Many aliens who illegally enter the United States and those who overstay or otherwise violate the terms of their visas present a significant threat to national security and public safety. This is particularly so for aliens who engage in criminal conduct in the United States.
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.
Tens of thousands of removable aliens have been released into communities across the country, solely because their home countries refuse to accept their repatriation. Many of these aliens are criminals who have served time in our Federal, State, and local jails. The presence of such individuals in the United States, and the practices of foreign nations that refuse the repatriation of their nationals, are contrary to the national interest.
Although Federal immigration law provides a framework for Federal-State partnerships in enforcing our immigration laws to ensure the removal of aliens who have no right to be in the United States, the Federal Government has failed to discharge this basic sovereign responsibility. We cannot faithfully execute the immigration laws of the United States if we exempt classes or categories of removable aliens from potential enforcement. The purpose of this order is to direct executive departments and agencies (agencies) to employ all lawful means to enforce the immigration laws of the United States.
The Report continues tomorrow