The fine points of federal Judge William Orrick’s ruling blocking the withholding of federal funds from sanctuary cities must have been lost on the families of Jamiel Shaw, Jr. and Kate Steinle, American citizens murdered by illegal aliens harbored and coddled by the sanctuary cities of Los Angeles and San Francisco, respectively. No doubt they failed to grasp the legal logic which says cities are free to violate federal law while wrapping themselves in the U.S. Constitution.
The notion advanced by Judge Orrick that the Trump administration’s attempt to defund sanctuary cities is unconstitutional because it amounts to changing the rules at halftime is nonsense, both historically and legally. The federal government has long threatened to withhold federal funds to enforce federal policy over states rights from the federal speed limit to transgendered bathrooms. As the New York Times noted, President Obama threatened to cut off federal funds to North Carolina over its transgendered bathroom law:
The Obama administration is considering whether North Carolina’s new law on gay and transgender rights makes the state ineligible for billions of dollars in federal aid for schools, highways and housing, officials said Friday.
Cutting off any federal money — or even simply threatening to do so — would put major new pressure on North Carolina to repeal the law, which eliminated local protections for gay and transgender people and restricted which bathrooms transgender people can use.
Orrick ruled that the Trump administration cannot set new conditions on federal funding approved by Congress. He had no objection to Obama’s proposed defunding of unrelated matters in North Carolina. Implicit in accepting federal funding, one would think, would be the condition of obeying the laws of the United States which sanctuary city officials are sworn to uphold. The laws of the United States give the president control of immigration policy and the Constitution gives the president control of foreign policy and border security.
Title 8 U.S.C. 1324 makes it quite explicit that harboring and concealing from detection illegal aliens is a felony, whether committed by individuals or sanctuary city officials:
Harboring — Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who — knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.
Now it may be argued that the DOJ would be better off legally prosecuting sanctuary city mayors rather than trying to withhold federal funds from their cities, but one is not exclusive of the other. Sanctuary city mayors are in clear violation of federal statute so for Judge Orrick to argue that withholding federal funds from those violating federal law is unconstitutional is, again, nonsense.
Sanctuary city officials could very well be prosecuted for breaking the law and recklessly endangering their citizens by harboring and shielding from scrutiny illegal aliens among whose number may include assorted Islamic State agents, sympathizers and potential lone wolf recruits, along with assorted criminals, like the one charged with the murder of Kate Steinle in the sanctuary city of San Francisco. They are accomplices in crime.