Legal scholars to Trump: White House can't legally defund 'sanctuary cities'

[babylonsister]

Legal scholars to Trump: White House can't legally defund 'sanctuary cities'
Leslie Berestein Rojas
March 13 2017


Nearly 300 law professors signed a letter sent to the White House on Monday that asserts President Trump's threat to pull federal funding from so-called "sanctuary cities" is unconstitutional.

The funding threat is part of an executive order signed by Trump the week after his inauguration in January. While there is no clear definition as to just what a sanctuary city is, the term loosely applies to cities and counties with policies that protect unauthorized immigrants.

Some cities, such as Santa Ana, have officially declared themselves sanctuaries. Others, like Los Angeles, have immigrant-friendly policing policies; for example, Los Angeles police have Special Order No. 40, which bars officers from stopping people to ask about their immigration status.

The legal scholars’ letter says that policies like these are legal — and that the Trump administration’s threat is not.

“For any jurisdictions that are grappling with this federal threat, what the executive order means ... I think this letter should help to reassure those jurisdictions that passing sanctuary policies is fully within their rights," said Annie Lai, a law professor at the University of California, Irvine.

Lai helped draft the letter and is one of the 292 legal scholars who signed it. The effort was coordinated by the Immigrant Legal Resource Center, a national immigrant advocacy group that reached out to scholars in the fields of constitutional, immigration, administrative and international law.

Lai said forcing local and state jurisdictions to comply with federal policies by withholding grants violates the 10th Amendment, which protects states’ rights.

more...

http://www.scpr.org/news/2017/03/13/69848/legal-scholars-to-trump-white-house-can-t-legally/

[DetlefK]

1. States' rights only count when it's about guns, slaves and abortions.

They don't count when it's about marijuana, immigrants or gay-marriage.

[smirkymonkey]

2. K&R

[Gothmog]

3. The law here is clear and these scholars are correct