President Trump got a major win when the courts upheld parts of his immigration executive order which many are calling a travel ban. However, one district court in particular is not upholding the law in regards to the order. In San Francisco, California U.S. District Court Judge William Orrick III rejected the Department of Justice request to reinstate another executive order which would restrict funding to sanctuary cities.
Earlier this year San Francisco and Santa Clara County had sued the state over the immigration order arguing it was too broad. The judge noted he relied primarily on the President’s as well as Attorney General Jeff Sessions comments regarding the issue to come to a conclusion. In a statement he issued he said,
“Federal funding that bears no meaningful relationship to immigration enforcement cannot be threatened merely because a jurisdiction chooses an immigration enforcement strategy of which the president disapproves.”
Sessions wasn’t exactly happy when he heard the news. In a specific memorandum, he noted that the sanctuary jurisdiction would only be for those that are willfully refusing to comply with federal authorities under 8 USC § 1373. This law mandates that jurisdictions,
“may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, [federal immigration officers] information regarding the citizenship or immigration status, lawful or unlawful, of any individual.”
Despite Sessions attempts to try and quell the judge’s conclusion it failed to work. The judge noted the memorandum as not enough to make him change his mind though. The Judge did admit that Sessions successfully argued that the executive order was something unanimously administered throughout the entire Department of Justice. But in his finding he concluded the following,
“the interpretation is not legally plausible in light of the Order’s plain language and the government’s many statements indicating the Order’s expansive scope, similar promises are routinely rejected by courts as illusory and should not impact the analysis here.”
This new court conclusion is a step back for the department as well as the administration. This executive order was one of the primary promises the President made on the campaign trail. Without this order, the federal government does not have a way to make sure that local as well as state law enforcement authorities comply with the federal immigration law they have stated.
Sanctuary cities are a hot topic of discussion in Washington, D.C.. Republicans have argued that many local authorities in sanctuary cities will protect undocumented immigrants from arrest when federal immigration authorities have warrants out for their arrest. Which they also argue is illegal. However, Democrats argue that this type of legislation unfairly discriminates against law abiding citizens who have fled persecution in other countries. However, that narrative falls flat considering if they were really law abiding citizens then the federal government wouldn’t be issuing arrest warrants out for them.
Despite what anyone has to say negatively about tightening the reigns on sanctuary cities the fact of the matter is that thanks to President Trump’s policies and legislation border crossings have greatly diminished since he took office. Arrests, as well as demands for removal of illegal aliens, have dropped close to 80 percent since the inauguration. This is an astronomical number. Less criminal undocumented immigrants on the streets make our streets safer.
Acting Director of Immigration and Customs Enforcement Thomas Homan stated perfectly why this legislation is important,
“In the America I grew up in, cities didn’t shield people who violated the law. The president recognizes that you’ve got to have a true interior enforcement strategy to make it uncomfortable for them. What I want to get to is a clear understanding from everybody, from the congressmen to the politicians to law enforcement to those who enter the country illegally, that ICE is open for business. We’re going to enforce the laws on the books without apology. We’ll continue to prioritize what we do. But it’s not OK to violate the laws of this.”
American is the land of opportunity and we are always open to new people coming but we want them to come here legally. Coming here is a privilege and not a right and it should be treated accordingly and that is exactly what the President has done. But apparently, the District Court can’t get in line with that.