Prohibit states from declaring themselves Sanctuary states/cities for illegal immigrants

Homeland Security
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Introduction:

The issue of immigration enforcement in the United States has become increasingly complex, particularly with the rise of sanctuary cities and states. These jurisdictions often limit cooperation with Immigration and Customs Enforcement (ICE), which can lead to significant challenges in the national enforcement of immigration laws. This proposal seeks to address these issues by advocating for federal legislation that would prohibit states from declaring themselves as sanctuary states, thereby ensuring uniform enforcement of federal immigration law across the nation.

Rationale:

  • Legal Consistency: Federal immigration law should be uniformly applied across all states to prevent disparities in enforcement which might encourage illegal immigration into states with sanctuary policies.

  • Public Safety: There have been instances where sanctuary policies have been criticized for potentially harboring individuals who might pose a threat to public safety, as noted in various discussions on platforms like X.

  • Federal-State Relations: The Tenth Amendment to the U.S. Constitution does not give states the authority to ignore federal immigration enforcement, as it could be argued that immigration is a federal matter (Source: Albany Law School discussion on “Sanctuary” Jurisdictions).

  • Economic and Resource Impact: Sanctuary policies can strain local resources and budgets as they might increase the demand for public services by undocumented immigrants without federal reimbursement, as mentioned in the context of sanctuary cities (Source: Learning for Justice).

Proposal:

  1. Definition of Sanctuary Policies:

  • Define what constitutes a sanctuary policy under federal law. This would include any state or local policy that limits or prohibits cooperation with ICE regarding the immigration status of individuals, specifically:

    • Not honoring ICE detainers without a judicial warrant.

    • Prohibiting or restricting the sharing of immigration status information with federal authorities.

    • Limiting the use of state or local resources in immigration enforcement.

  1. Legislative Action:

  • Federal Legislation: Congress should pass a law that:

    • Makes it illegal for states to adopt or maintain sanctuary policies as defined.

    • Provides for the withholding of certain federal funds from states or municipalities that do not comply with federal immigration enforcement requests. This approach has been suggested in posts on X and aligns with previous legislative efforts in states like Florida and Texas.

  • Enforcement Mechanism: Establish a federal office or expand the role of an existing agency to monitor compliance and enforce this legislation. This office would:

    • Review state and local laws for compliance.

    • Have the authority to impose penalties or recommend the withholding of federal funds.

  1. Legal Framework:
  • Amend 8 U.S.C. § 1373 to clearly prohibit state and local governments from enacting laws or policies that limit communication or cooperation with DHS regarding immigration status, extending this to all aspects of sanctuary policies beyond just information sharing.
  1. Public Safety Provisions:
  • Ensure that local law enforcement can still work with federal agencies in cases of serious crimes, thereby balancing public safety with immigration enforcement.
  1. Economic Incentives:
  • Offer additional federal funding or support for states that actively participate in federal immigration enforcement, incentivizing compliance through positive reinforcement.

Conclusion:

The adoption of this policy would ensure that all states adhere to national immigration enforcement standards, thereby reducing the patchwork of sanctuary policies that currently exist. This would not only streamline immigration enforcement but also uphold the rule of law across all jurisdictions in the United States.

Call to Action:

Encourage Congress to draft and pass this legislation, highlighting the need for a coherent national strategy on immigration enforcement. Engage with state leaders, law enforcement, and community organizations to build a consensus on the necessity and benefits of this policy change.

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Best ive read thus far. Enact this now! Save America . Freeze federal funding to states that break federal immigration laws.

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Well said. Agree 100%

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States and all municipalities are required follow federal law. Sometimes the federal law is a floor and other times it’s a ceiling, but it must be followed. The declaration as a sanctuary location by a state or municipality is not illegal, per se, but failing to comply with federal law is illegal. The cost to support the illegal immigrants has proven to be a burden in sanctuary locations across the US and all of them receive some form of federal funding. These locales could not survive without the federal funds and many have large deficits due to the support provided to the illegal immigrants, in spite of the federal funds they receive. Therefore, to garner compliance, Congress should withhold federal funds from states / cities / other municipalities that make such a declaration and enter into the practice of violating federal law by not enforcing the federal immigration laws and cooperating with federal enforcement agencies or otherwise enact sanctuary practices.

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I have an additional suggestion. I believe there should be a federal system that audits all Colleges/Universities, Co-op programs, Employment Agencies, and corporation Visas (student and work), Passports, I-20 and I-94 documents , H1B, EAD, etc.

Unfortunately, my previous employer hadn’t trained branch personnel (this is an international corporation, so there are many branches across the globe) on using the database to document expiration dates on any and all required immigration forms. Also, the branches were required to submit all immigration documents to HQ for approval, however, some branches weren’t following protocol.

The colleges and universities helped, but sometimes the students needed to be reminded to update their immigration paperwork. The college was responsible for ensuring the documents were updated on their end and entered into their system.

This was one college/university, and one co-op program. Imagine how many other colleges/universities, co-op programs, employment agencies and employers have let documentation requirements slip through the cracks. There are illegals in this country who were admitted into the US under these conditions, but their paperwork expired and they continue to stay illegally in the US.

I believe any college/university, co-op programs, employment agency, and employer who fail yearly audits be penalized, and, as you mentioned, possibly lose federal funds.

(I was going to create a new conversation, but what I’ve been thinking about works well with your “Call to Action”.)

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It should be illegal for any city or state to be able to issue a status which is illegal or unconstitutional. Immigration laws are in place for the basic protection of the citizens. We are seeing the effects of discarding those laws.

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I would also add CBP or just make it DHS which encompasses ICE and CBP. Maybe start charging governors, mayors, city councils, etc that make sanctuary laws with felonies under 8 USC 1324, Harboring for knowingly harboring illegal aliens!

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BREAKING: The Mayor of El Cajon, Ca Bill Wells just received word that any town working with President Trump assisting with our Federal Immigration issues will have their police pensions seized, orders given by Gov Gavin Newsome. Mayor Bill Wells stated El Cajon is NOT a sanctuary city. He is trying to reach @PamBondi and wants to work with President Trump’s Administration.

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I always thought immigration enforcement could be assisted tremendously by the hands of local law enforcement agencies empowered to work with federal agencies. This is within the national interest! Till this day, I believe local law enforcement agencies have been hamstrung by leadership subject to the influence of special interest, to turn a blind eye to the obvious while preventing them from acting upon the full measure of their duties to protect the public, and to enforce the laws of the land. They need to feel empowered to work with Federal agencies! During investigations where specific articulable indicators leads a reasonable person to suspect criminal activity is afoot sufficient for a “terry pat down” and verification of valid ID, or when concluding “probable cause” to arrest, or when finding evidence while conducting a " search incident to arrest," and or during normal traffic stops where citations are warranted, they should be empowered to inquire about the legal status of a person by the touch of a button in their cruiser as with NCIC & LEADS, with a comprehensive system made available to law dogs on the street. Providing for the resources and tools for doing the job of protecting the public is a necessity to MAGA. We also need a national ID/drivers license attached to valid citizenship verification to enable the aforementioned effort! When ID reveals evidence sufficient for “probable cause” to arrest based on legal status, police should act accordingly. When they find their detainee or suspect is here illegally, they should act appropriately in concert with Federal Agencies when the law is violated. Failure to do so should have measurable consequences for the individual and the local law enforcement agency. Immigration status checks, arrest, detention, and transport to federal facilities should be encouraged by local law enforcement working with federal agencies to return illegal immigrants, “occupation forces,” and those who overstayed their welcome back to their country of origin. The transportation and logistics picture should be fleshed out nationally with MOUs between local agencies and the fed. Make being illegal a nationally recognized felony, and disassociate it with an arbitrary cost value, because in reality the financial burden placed upon local communities and citizens is astronomically unbearable and way more than felonious amounts. Forcing law abiding citizens to endure the illegality of a migrant’s stay is not worth the cost benefit of continued retention. Those states and local law enforcement agencies endorsing the “sanctuary city” moniker should be punished for not working with the feds on the subject of illegal immigration. Employers soliciting for and utilizing an illegal immigrant’s services should not be left without maximum penalty! Loss of federal funding for cities, and loss of accreditation for agencies should be heavy considerations among all available measures!

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