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Standford Law:
Undocumented Immigrants, Sanctuary Jurisdictions, and the Law
Of note, county funds are not supposed to be used to replace federal funds. People are not supposed to be held without a warrant -- ad if they are legally held temporarily without a warrant, it is supposed to be only for certain specific and limited reasons. The term "sanctuary" was adapted from the "sanctuary movement" of the 1980s. That was a collaboration between some communities and churches to protect Central American refugees of civil war from being detained or apprehended without legal justification. |
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Multiple courts, including some federal appellate courts, have held that federal agencies like ICES cannot require local agencies to detain people just on the suspicion of not having entered the country illegally. That is not under their scope of jurisdiction.
However, they can do that if there is a judicial warrant to back it up. That makes it legal. Here is an example of one such ruling, although you can google many more for yourself:
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Depending on what is meant by "breaking the law" (most people think that means a crime is committed)--when the Supreme Court shot down Arizona's attempts to take over federal jurisdiction regarding suspected undocumented immigrants, Justice Kennedy pointed out in his opinion that just being in the country without authorization does NOT necessarily mean a crime has been committed. Anyway, "sanctuary" does not (as a pp has pointed out) mean that a person is immune from ICE action. |
| I'm fine with sanctuary cities. Since immigration agents still have to go after illegal immigrants now they not only pick up the person they're looking for but also pick up everyone else who is illegal in their house, workplace, etc. |
PP takes great pride in her ignorance! She welcomes the lies and deceit. |
According to ICE, local agencies must notify them as soon as possible or 48 hours in advance of releasing someone who has a detainer. But local officials can release immediately or ignore detainers all together. |
States are supposed to obey Federal law |
Obeying Federal law =/= doing the work of enforcing Federal law In fact, as mentioned above, federal appellate courts have ruled that state and local law enforcement overreaches their authority when they detain suspects for ICES without a judicial warrant. |
Ignore detainers? Cite please to what you are talking about. |
Yep, these Republicans don’t understand the country they “love”. This is a federal system. The states have state laws they enforce with local police. Immigration law is enforced by the federal government and its an unfounded mandate to expect states to house people that have committed no state crimes and heavy no federal warrant. |
| Unfunded mandates are not good and I cannot believe anyone who professes to be in favor of local and states rights would be ok with them. |
| We have an entire federal government agency dedicated to nothing but the enforcement of immigration law. Local police need to do their own job. They don’t have the time of resources to do immigration. How about ICE does its job and stop complaining? |
Not only that, but in large metro areas, there aren't enough jail space to house people for minor offenses like being here without papers. They like to reserve what little space they have for violent criminals, be they legal or not. And as someone who has lived in two big metro areas, I totally agree with this approach. |
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OP, first learn about what a sanctuary city is and the real reason why they exist. It clearly isn't what you think it is. Then come and offer your educated opinion on why you think they shouldn't exist and how you propose to solve the financial and LE resource problems at the heart of the issue.
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Quite a few jurisdictions have the time and resources to do it. If they're not doing it it's because they don't want to. |