Sanctuary Cities: Restricting law enforcement risks public
safety, by Ted Hilton, 1/20/17, San Diego.
President Trump has informed the American people that an
immediate priority for his administration will be to require sanctuary cities
to cooperate with federal laws.
An estimated 650 criminal offenders are released onto
California’s streets every month in violation of the transfer request into
federal custody. California denies almost two-thirds of the nation’s rejected
alien detainer requests. To deter sanctuary jurisdictions from harboring
convicted criminals, the Trump administration should require Immigration,
Customs and Enforcement (ICE) to publish a weekly report of all released
criminal aliens that will be a public record.
There are crucial reasons for state and
local governments to allow law enforcement to fully cooperate with federal law.
Sanctuary cities are magnets for previously deported aliens, gangs, drug
traffickers, and other alien criminals who increase the crime rate.
An October 2014 report from ICE that was
made public in 2015 detailed 276 sanctuary cities that released 8,145 illegal migrants
of whom 1,867 were later arrested 4,298 times with multiple violations
amounting to 7,491 charges. Illegal migrants are 3.5 percent of the U.S.
population but are 37.6 percent of federal sentences and 13.6 percent of all
offenders sentenced for crimes nationwide.
The undocumented comprise 12 percent of
murder sentences, 20 percent of kidnapping sentences and 16 percent of drug
trafficking sentences. Unauthorized migrants are about 7 percent of the
California population but over 12 percent of the state prison population.
Our laws cannot be left unenforced
because someone here illegally fears reporting a crime. Peace officers
generally do not require crime victims to provide an immigration status. All
law enforcement officers have an absolute right to inquire of any person’s
immigration status at their discretion. It is unfathomable that sanctuary
ordinances restrict law enforcement from this right given it was unanimously
affirmed by the U.S. Supreme Court in Muehler v. Mena. Also, all local and state
governments are required by federal law to share an immigration status with
federal authorities pursuant 8 U.S. Code 1373.
An IGS-UC Berkeley poll shows that 74
percent of Californians want sanctuary cities ended; 65 percent of Hispanics,
70 percent of independents, 73 percent of Democrats and 82 percent of
Republicans. Recognizing strong public concern, California’s law enforcement
organizations should speak out against being restricted from cooperating with
federal authorities, and demand compliance to make our communities safer.
Ignoring public safety, several
California legislators are preparing to introduce bills to further impede
federal officials. The Legislature hired former U.S. Attorney General Eric
Holder to assist, but he will be incapable of preventing sanctuary legislation
from causing the loss of major federal funding. A sanctuary city defunding
proposal was decided for the 2017 Department of Justice budget in an agreement
between House Appropriations Subcommittee Chairman Rep. John Culberson, R-Texas, and U.S. Attorney General Loretta Lynch.
In July 2016, Lynch notified California
that funding under the criminal alien assistance program, and other law
enforcement grant programs, will be terminated if the state is found to be
noncompliant with federal law. Renewal applications for those law enforcement
grants commence next month. A 2016 report by the U.S. Department of
Justice’s inspector
general concluded that California is in violation of federal law. This will
result in the state losing $135 million of grant funds that currently help
cover the cost to incarcerate legal and illegal aliens.
House Appropriations Chairman Rep.
Culberson was quoted saying that if the state of California does not change its
law, the state will owe taxpayers a refund of $1.2 billion for previous federal
funding. The congressman is referring to the Trust Act which since its 2014
passage has contributed to a 44 percent decrease in deportations from 15
counties with large illegal migrant populations. To stop the added taxpayer
burden that will result from these penalties, the Trust Act must be overturned
by the voters with a ballot measure containing permanent state laws that allow
full cooperation with federal law. This solution is advocated by numerous law
enforcement organizations.
Attorney General Lynch also communicated
a stern warning that the Justice Department can take criminal or civil actions
against public officials who violate federal law. A new attorney general can
prosecute under the alien harboring and shielding statute, a federal felony for
which a convicted public official can be fined, and or imprisoned.
If Sen. Jeff Sessions, R-Alabama, is
confirmed as the new U.S. attorney general, it is probable these state
defunding measures will be fully enforced while initiating other powerful
penalties against the sanctuary state of California and its officials for
violating federal law.
Hilton, a San Diego resident, is president of Taxpayer Revolution
Foundation, which focuses on entitlement and immigration reforms.
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