When you think about it, Ronald Reagan was Trump-ish before Donald Trump. Reagan sent a stern message to air traffic controllers at the outset of his presidency in 1981: if you break the law, I will fire you.
They did… and he did.
Reagan’s decision to terminate 11,345 controllers who were engaged in an illegal strike was a stunning act of presidential authority and managerial leadership. It set the tone for a presidency that would refuse to tolerate lawlessness. No excuses. No political whining.
When he takes office in January 2017, President Trump may face a similar defining moment. Will he allow big city mayors to defy federal law by protecting illegal immigrants in their so-called “sanctuary cities”?
Trump can’t fire them. But he can take away their federal money. In some cases, he could prosecute them or other city officials should they continue to flaunt and obstruct the law.
Chicago Mayor Rahm Emanuel all but dared Mr. Trump to do so when he declared, “Chicago will always be a sanctuary city.” So did Mayors in New York, Los Angeles, Philadelphia, San Francisco, Minneapolis and Seattle.
President-elect Trump has vowed to deport millions of illegal immigrants. If cities and counties across America refuse to abide by the law, if they refuse to comply with requests by Immigration and Customs Enforcement officials, the new president may decide it is high time to do what President Reagan did. That is, take aggressive legal action against them.
What Is A “Sanctuary City”?
More than 300 cities and counties have sanctuary policies. For some, it is simply a political statement. They have taken no real action to give sanctuary to people who are there illegally.
But other cities like San Francisco actively protect illegal immigrants. They refuse to turn over people who committed low-level crimes to federal agents for deportation. And when ICE asks for a “hold” on a prisoner, the city ignores it. Often they walk free.
That is what led to the tragic shooting death of Kate Steinle in July of last year. Juan Francisco Lopez Sanchez of Mexico was in the U.S. illegally. He had 7 felony convictions and was deported 5 times. He kept slipping back through our border, seeking refuge in the safe haven of San Francisco.
Sanchez was in the custody of the San Francisco Sheriff on drug charges when ICE issued a detainer for him requesting that he be held until the feds could pick him up. Instead of handing him over, the Sheriff followed the city’s sanctuary policy by ignoring immigration authorities. He opened the jail doors setting the prisoner free. Sanchez then shot Steinle to death as she was walking with her father on a San Francisco pier.
Steinle’s death ignited opposition to sanctuary cities. During the campaign, Mr. Trump cited her case specifically as he vowed to end the practice of giving sanctuary to criminals who are here illegally.
Giving Sanctuary Is Against The Law
President Obama has refused to take action against cities like San Francisco that shield illegal immigrants even after arrests or criminal convictions. He has deliberately ignored existing federal law. The Illegal Immigration Reform Act of 1996 requires states and municipalities to cooperate with federal authorities on immigration requests:
“A state or local government entity or official may not prohibit, or in any way restrict… sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual.” (8 U.S. Code, section 1373)
That same law allows President Obama to withhold federal financial support from those cities that continue to thwart the law. Yet, he has taken no action. If he had, perhaps Kate Steinle would be alive today.
Even Mr. Obama’s own Justice Department seems aghast at the President’s refusal to enforce the law. The DOJ’s Inspector General issued a report concluding that the policies and practices of sanctuary jurisdictions violate federal law and they are, therefore, ineligible for federal funds. The Supremacy Clause of the U.S. Constitution gives primacy to federal law over contrary state or local laws. Does any of that matter to President Obama? Clearly not.
President-elect Trump has promised to take a different course, vowing to withhold federal dollars from cities that protect people who are here illegally. What would that mean? For a large metropolitan area such as San Francisco, it could lose a billion dollars in federal money which supports transportation (buses and trains), welfare payments, food stamps, roads and bridges, housing, law enforcement, Medicaid, and public safety projects.
Politicians love to take public stands on their idealistic principles, however misguided they may be. Until, of course, you hit them in the wallet. When faced with budgetary catastrophes like the loss of $ 1 billion dollars, they often exhibit a sudden change of heart. Funny how that works.
Prosecute City Officials
If the carrot and stick approach fails to force city officials to abide by the law, perhaps President Trump should begin charging people with crimes. He can do so under another federal statute which makes it a felony to shield someone who is here illegally:
“Any person who, knowing that an alien has come to the U.S. in violation of law, conceals, harbors, or shields from detection such alien in any place, including any building… shall be imprisoned not more than 5 years.” (8 U.S. Code, section 1324)
Five years behind bars might give city officials pause to rethink their sanctuary philosophy. But there’s an added punishment written in the law: if someone dies because a city official decided not to comply with federal law, as in the Steinle case, the maximum penalty is life behind bars. I’m pretty sure that’ll get the attention of some sheriffs, police chiefs and mayors.
Whether President Trump and his Department of Justice will decide to criminally prosecute city officials who thumb their noses at federal law is unknown. How many innocent victims like Kate Steinle have to die before people realize that most laws exist for a reason –to protect citizens.
I have a feeling that Ronald Reagan might have done it. Maybe President Trump will channel his inner-Reagan and make the right decision.
If he doesn’t, how can he call himself the “law and order" president?
Gregg Jarrett is a Fox News legal analyst and former defense attorney.