Airwaves and television have been lit with talk regarding sanctuary cities. What are sanctuary cities, how will they function, and do state or federal government have to support them? Examining sanctuary cities will help give a clear understanding of what the are. These locations are a major targets, with refugees and undocumented immigrants attempting to flood national borders daily.
No legal definition exists that refers to cities of sanctuary. Sanctuary cities seem to be, cities that do reinforce federal immigration laws. Each city likely has ways to control immigrants (undocumented or other wise) however, how does a sanctuary city function? A sanctuary city does not actively look for or discriminate against those of foreign birth within city limits. Basically ,it mean that a police officer will not likely doubt citizenship or consider it when on patrol. It also extends to employers who hire undocumented or illegal immigrants. Employers can willing hire them, but does that mean that they do not fall under worker protection laws because they are not citizens? As everyone knows, based on the Dread Scott case, the constitution does not protect foreigners under its law. Unless the foreigner has an HB-1 visa or an active green card (for my older folks) which they then have all the protections as an American citizen.
However, the even larger question here is- do states/ cities have a right to neglect federal law. Well, according to the nullification theory (Pr. Thomas Jefferson) states (and by extension cities) have the right to null any law they deem unconstitutional. That is cool and all. Cities and states do not have to follow rules if it seems in opposition of the state’s (city’s) citizens. That is actually pretty reasonable. On that same token, should the federal government have the right to stop sending federal money to that state or city? That seems like the fair way to put things. If a governance does not do as instructed it will not receive (financial/ economic) benefits from big government. Yet, again this brings up another piece of the puzzle. If federal governments no longer fund a state, should it have to pay federal taxes? Especially if the taxes are not being used for the benefit of the state. The federal government is weary right now, just ask South Carolina what happens when taxes are not paid. Not predicting Civil War but….