Can Congress Force an End to ‘Sanctuary City’ Policies?
Despite a number of legislative attempts by the congressional GOP to address the blatant disregard of federal law by San Francisco and numerous other sanctuary jurisdictions, no measure has yet been able to effectively curb the problem. But that is about to change. John Culberson, a Republican representative from Texas, has effectively used his post as chairman of the House Appropriations Subcommittee on Commerce, Justice, and Science to coerce the Department of Justice into enforcing a pre-existing federal law against harboring illegal aliens in sanctuary cities.
As chair of the subcommittee, Culberson serves as chief financial officer of the departments under his jurisdiction and thus has the authority to cut off parts of their funding, block certain types of spending, and put intense financial pressure on executive agencies behind the scenes. After assuming his role in January of 2015, he realized that this authority enabled him to insist that departments take certain actions or risk losing their desired funding. Curbing the ill effects of sanctuary cities is one central area in which Culberson chose to leverage the power of the purse to get results, and he is the first appropriations subcommittee chairman to have such success with this method.
Luckily for Culberson, there was already a law on the books for him to work with. In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act, including section 8 U.S.C. 1373, which provided that no state or local entity can in any way restrict its law-enforcement officials from communicating with federal immigration authorities regarding an individual’s citizenship or immigration status.
Though the federal government cannot legally compel states to comply with federal law, it is permitted to use financial rewards or incentives to encourage states to comply. This precedent was established in the 1992 Supreme Court case New York v. United States and has been upheld and strengthened since, and thus the Justice Department’s guidance in this instance clearly falls under constitutional precedent.
Furthermore, Culberson says any jurisdictions that refuse to comply might be denied other annual federal discretionary grants if additional departments require jurisdictions to comply with all federal law in order to be eligible for funding. It is even possible that the cities in question could be required to refund the Justice Department the money that they received in past years while defying federal law. For Chicago that would mean paying the federal government at least $66 million, and for New York City over $200 million at minimum. If California persists in its sanctuary policy, it could owe the federal government over a billion dollars.
Upload photo
Would you look at a profile that doesn't have photos?
Probably not! Upload a photo for others to be interested.
- Higher position in search results!
- Users with pictures get 10 times more responses in their messages
- Most people only contact those with pictures
Jenny
Lina
Anna
Jessica
Dony