Friday, December 23, 2016
Erwin Chemerinsky, Annie Lai and Seth Davis: Trump Can't Force Sanctuary Cities to Enforce Deportation Plans
In this Washington Post op-ed, UC Irvine School of Law Dean Erwin Chemerinsky and Professors Annie Lai and Seth Davis address President-Elect Trump's threats to eliminate federal funding for states and localities that enact so-called "sanctuary" policies that prohibit state or local resources from being used in connection with federal immigration enforcement.
"Trump insists that he can force states and cities to participate in his plan to deport undocumented immigrants. But this ignores the 10th Amendment, which the Supreme Court has repeatedly interpreted to prevent the federal government from “commandeering” state and local governments by requiring them to enforce federal mandates." The op-ed discusses the Supreme Court's decisions in Printz v. United States and NFIB v. Sebelius.
In addition, other limitations on Congressional power over funding for states and localities exists. "Congress must give clear, advanced notice to states of the terms of federal grants, and any conditions imposed on a grant must be reasonably related to the federal interest animating the grant program. Congress likely could not, for example, condition the receipt of a grant for economic development on cooperation with immigration enforcement. Also, funding conditions cannot themselves be used to induce states to violate the Constitution, for example by unlawfully detaining people on immigration detainers without a judicial determination of probable cause."