NTF Issue Paper: president35.doc. 2-17.

BACKGROUND. Federal officials rely on state and local law enforcement to identify illegal aliens. The normal process sees police arresting illegals for crimes unrelated to their immigrant status, then charge and book them into jail. In cities across the country, fingerprints taken go to Immigration & Customs Enforcement (ICE), which requests officials to hold individuals in violation of immigration law while it obtains a warrant. If federal agents decide to deport a person, localities continue to hold him for 48 hours and wait for ICE to take the defendant into custody. Many aliens who illegally enter our country and overstay or otherwise violate the terms of their visas present a significant threat, particularly those who engage in criminality. Many thousands of deportable aliens the Obama Regime released into our society, often because their home nations refused to accept their repatriation. Many have already served sentences in our federal, state, and local prisons. Federal immigration law provides the means for federal-state cooperation to enforce our immigration laws and ensure deportation of illegals, but the Obama Regime refused to utilize its sovereign responsibility.

SANCTUARY CITIES. The term “sanctuary city” is a loose term applied to jurisdictions that implement policies designed to limit cooperation with or involvement in federal immigration enforcement actions. Cities, counties, and several states have a range of informal policies or laws that qualify as “sanctuary” positions. Most of the policies involve not cooperating with federal law enforcement on immigration policies. 39 cities and 364 counties nationwide count themselves as sanctuary jurisdictions. In 2015, 200+ state and local jurisdictions refused requests from ICE to detain individuals. About 300 sanctuary jurisdictions rejected more than 17,000 detention requests between January 1, 2014 and September 30, 2015. ICE complains the policies inhibit its ability to enforce immigration laws. In sanctuary cities, local officers cannot hold defendants after judges order a release on bail. Some sanctuary cities bar their law officers from questioning the detained in an attempt to determine their immigration status. No resources solely dedicated to the discovery or apprehension of illegal immigrants. Such measures keep dangerous criminals in the U.S., placing citizens at risk and undermining federal immigration laws. The American cities governed by liberal mayors and city councils openly have declared their municipalities as sanctuary cities for illegal aliens. These governments direct their law enforcement agencies to not arrest illegal aliens. These cities refuse to comply with federal directives to hand over criminal illegal aliens or information about illegals and actually extend city services and welfare benefits to them. Liberal mayors order their jails to disregard ICE detainer requests, despite a 1996 immigration law prohibiting localities from harboring illegals.

TRUMP EXECUTIVE ORDER. To ensure the public safety of our citizens and ensure our national immigration laws faithfully enforced, President Trump pledges to enforce our immigration laws in our interior. His executive order designates the Secretary of Homeland Security (DHS) and the Att.-Gen. to designate sanctuary jurisdictions and publicize a name and shame list of violating cities. The DHS secretary will seek agreements authorizing state and local officers to help with immigration enforcement duties. DHS directed the Office of Management and Budget to compile a list of federal grant monies currently going to sanctuary jurisdictions. Trump directed each executive department and agency to employ all means to begin enforcing immigration laws. The order has a 90-day deadline for federal officials to report back to the President on their progress. Identified sanctuary jurisdictions that refuse to comply will receive no federal grants. HUD grants will disappear. Among the funds at risk are $460 million that the feds distributed to fund Head Start pre-school programs in the 10 largest sanctuary cities in 2016. Ironically, studies have shown that Head Start programs long-term do not help educational achievement. The federal Byrne Justice Assistance Grant Program issues millions annually to local police and courts. That fund allocated $274.9 million in 2016, according to the Bureau of Justice Statistics, and the 5 states receiving the most allocations were California, $30.5 million, Texas, $21.4 million, Florida, $17.8 million, New York, $15.6 million, and Illinois, $10.4 million. All these states have sanctuary cities. Sanctuary cities now receive $3.5 billion in annual grants. Jurisdictions that fail to comply with this directive will lose federal funds, possibly jeopardizing support for services including education, health care, and housing. His executive order exempted law enforcement grants. Trump directives will ensure prompt removal of deportable aliens and offer professional services to victims and families of victims of crimes committed by illegal aliens. Prioritized for deportation are illegals convicted of a criminal offense, charged with a criminal offense, committing acts that constitute a chargeable criminal offense, engaging in fraud in applying for entry or for receipt of welfare benefits, not complying with a legal order to deport, or posing a risk to public safety or national security in the judgment of immigration authorities. States and local law enforcement agencies now can perform the functions of an immigration officer within all states. They now can investigate, arrest, and detain illegals. Once again, section 287(g) of the immigration law will become a model for local jurisdictions enforcing federal immigration laws by cooperating with the feds. The Att.-Gen. will take enforcement action against sanctuary cities which have a statute, policy, or practice that prevents or hampers enforcement of federal law. To alert and inform the public about public safety threats emanating from sanctuary jurisdictions, the feds weekly will publish a list of criminal actions committed by illegals in jurisdictions that ignore or fail to detain illegal aliens. DHS will publish quarterly reports on the effects of victimization by criminal illegals and list cities where illegal aliens committed crimes against citizens. The Administration in publications will rescind Obama regulations inconsistent with its directive and withdraw contrary policies and procedures. DHS will pressure through diplomatic efforts and negotiations foreign nations to accept deported illegals. Such illegals have no protection from the Privacy Act regarding personally identifiable information. Probably late summer before administration attorneys and staff finish details and start threatening sanctuary cities with financial penalties.

MAKING THEM PAY. The Justice Dept. will issue regulations to ensure the assessment and collection of all fines and penalties from illegal aliens and those who hide them here. Conspiracy to harbor an illegal merits potential jail time or a fine up to $10,000. Sanctuary cities, colleges, and businesses that hire illegal aliens will face penalties. Companies that repeatedly offend will face fines of over $20,000 per illegal employee.
SEVERAL STUBBORN CITIES. Sanctuary cities violate a federal law stating that state and local governments cannot prohibit employees from sharing information regarding the citizenship or immigration status of a person. Therefore, such cities force their own employees to violate federal law. 279 cities and counties refused to cooperate on at least some deportations in 2016, accounting for 2,008 illegals shielded, according to ICE. Many localities like Miami directed their jails to honor ICE detainer requests, reversing their sanctuary policies. However, leftist-controlled cities like New York City, New Haven, Minneapolis, Chicago, Austin, Berkeley, San Francisco, Phoenix, Portland, and Seattle refuse to comply. 4 states, including California, have laws that limit how much local police can help federal authorities hold immigrants in detention. In FY 2017, New York City could lose $8.8 billion in federal funding for a variety of programs, including education and transportation, to complete its $84.8 billion annual budget. San Jose receives $71 million in fed grants annually, Berkeley $11.5 million. San Francisco, which would lose $1 billion in grants, featured prominently in the debate over sanctuary city policies after the killing of Kathryn Steinle, a resident of the city, in 2015, fatally shot by Juan Francisco Lopez-Sanchez, an illegal alien from Mexico. He had a lengthy criminal record and a history of heroin abuse, and feds had deported him to Mexico at least 5 times. A lawsuit filed by the Steinle family in federal court blamed the San Francisco county sheriff for issuing a memo that ordered his staff to stop all communication with federal immigration authorities, according to court documents. San Francisco expanded a city fund to provide legal services to illegal immigrants. Chicago and L.A. have established similar funds. Denver received about $39.2 million in federal funds in FY 2016. The liberal Seattle mayor directed city departments to reprioritize their budgets to prepare for possible budget cuts. He prepares to ask for tax increases to replace lost federal funds. Seattle received about $72.7 million of federal dollars in FY 2016. If the Port of Seattle closed from a lack of federal funding, trade havoc would ensue. The Boston mayor promised to allow people to assume residence inside City Hall, evoking the “sanctuary church” movement, in which religious groups offer shelter to illegal aliens who fear deportation. Boston expects to lose approximately $65.5 million in federal revenue this year by remaining a sanctuary city. Leftist Chicago Mayor Rahm Emanuel pledged $1 million to assist illegal immigrant families. Local governments in Los Angeles County received $582 million in federal aid in the most recent fiscal year, including $207 million for the Head Start preschool program, $70 million last year for airport improvements, and $114 million for community development funds used for housing and other needs. 12 states and the District of Columbia allow illegal aliens to obtain driver’s licenses without asking residency, according to the National Conference of State Legislatures. The D.C. school board member who heads the finance committee labeled the education grant cuts catastrophic. A Reuters analysis found that Trump threatens $2.27 billion in annual grant monies for the 10 largest sanctuary cities. Several cities could lose as much as 25% of their budgets. The feds sent $238 million to sanctuary municipalities to fund airport improvements and $153 million for HIV prevention and relief.

LEFTWING RESPONSES. The radical Left is depending on liberal judges and mass protests to nullify this executive order. The American Criminal Liberties Union urges cities to appeal to slow the dictate through procedural actions. Militant Hispanic groups promise legal challenges. However, federal law permits the President to restrict local aid of any kind that benefits an illegal alien, according to the Immigration Reform Law Institute. Liberals hope to use litigation to drain resources and undermine the order. California promises to offer lawyers free of charge to illegals detained by the feds, forcing Trump to redirect enforcement sources to litigating tedious hearings. Liberal state senators there seek to ban federal agents from raiding workplaces and homes to search for illegals unless with a warrant for a specific person. California lawmakers have hired former U.S. Att.-Gen. Eric Holder and his associates, relying on their expertise to fight the order. Their haste confronts Fresno, where the new conservative mayor intends to comply with the Trump directive. Courts have given the federal government authority to impose grant punishment, if the offense relates to the program being defunded. For example, money that cities and counties receive to cover the cost of jailing any immigrants in the country illegally easily canceled. Also at risk is other law enforcement funding, as the executive order focuses on the refusal of local police to help immigration agents. Leftists often like to use the federal club against conservative states rights when it suits their cause but now rant against use of federal power.

OTHER OBSTACLES. This directive would require thousands of federal detention beds to house all the illegal detainees, 5 times the number now available, a cost in the millions. Several funding cuts would require congressional approval. About 90% of $652 billion in federal government grants dispensed through 1,500 individual grant programs in FY 2016 went to states and not directly to cities, and states dispense some of this grant money to cities. An obstacle looms for the Administration to determine how much of this targeted money therefore transfers to sanctuary cities.

BENEFITS. President Trump promises to aggressively enforce existing immigration laws and unshackle Border Patrol and ICE agents. Deporting illegal immigrants from sanctuary cities will help Nebraska in several ways, as illegals face or flee this enforcement, though our state has no “official sanctuaries.” First, illegals no longer will compete with lawful citizens for jobs and no longer drive down wages by taking money under the table. Public school districts will save millions by not having to educate illegal aliens who require English as a Second Language teachers and other educational aids. The welfare rolls will shrink, as many illegal families qualify for welfare payments by women popping out anchor babies annually. Law enforcement and incarceration costs will drop after criminal illegal aliens disappear from our Nebraska communities.
CONGRESS HELPS. Sen. Ted Cruz has proposed legislation in the Senate to ban federal funds for sanctuary cities.

TAKE ACTION NOW. Our federal taxes no longer must pay to subsidize entities that disregard our laws. Contact your representative and 2 senators today to support this presidential initiative. Too many American citizens have suffered from crime, crowded classrooms, and employment and business competition from illegal aliens residing in sanctuary and other cities. Email netaxpayers@gmail.com for Capitol Hill contact information and lobby today!

Research, documentation, and analysis for this issue paper done by Nebraska Taxpayers for Freedom. This material copyrighted by Nebraska Taxpayers for Freedom, with express prior permission granted for its use by other groups in the NE Conservative Coalition Network. 2-17 C

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