Wednesday, January 24, 2018
Immigration Article of the Day: Local Action, National Impact: Standing Up for Sanctuary Cities by Christine Kwon & Marissa Roy
Local Action, National Impact: Standing Up for Sanctuary Cities by Christine Kwon & Marissa Roy, Yale Law Journal Forum (2018)
Abstract. During his campaign, Donald Trump vowed that he would end sanctuary cities if elected President. Yet, because of dedicated local resistance, he has not been able to keep this promise. Cities have emerged as crucial members of the resistance and sites of dissent to President Trump’s policies—protecting their unique community ideals against federal intrusion. While the Tenth Amendment does not explicitly recognize cities, it safeguards their rights, just as it protects states and the “People.” Because of cities’ unique position between states and the People, cities can and should take advantage of the Constitution’s federalism protections. The city of San Francisco, and the sanctuary city litigation more broadly, has provided the template for successfully resisting federal intrusion onto local autonomy. From this example, we can learn why local dissent is particularly potent and how cities can best resist on behalf of their residents.