Actually, the question is whether a president can throw a mayor in jail; I pulled a bait-and-switch on readers.
Tom Homan, Trump’s deportation czar, threatened to jail Denver’s mayor for threatening to use city police to stop migrant deportations.
The mayor later retreated from that posturing, but made it clear Denver won’t cooperate with Trump’s mass deportation program. Homan retorted, “All he has to do is look at Arizona v. U.S. and he would see he’s breaking the law.”
Homan isn’t a lawyer, he’s a former cop and ICE director, and that case actually says the opposite of what he claims. It struck down, on federal preemption grounds, Arizona legislation purporting to give state and local police authority to enforce immigration laws.
He also claims sanctuary cities will be “breaking the law” if they don’t cooperate with deportations. Wrong again. Interfering with federal authorities is one thing, but cities have no duty to use city resources, including police officers, to perform federal law enforcement functions. Even Trump’s threats to cut federal funding to sanctuary cities might not pass legal muster.
Homan then ranted, “President Trump has been clear: We want to concentrate on public safety threats and national security threats, and I find it shocking that any mayor of the city would say they don’t want public safety threats removed from their neighborhoods.” But the mayor didn’t say that; he’s putting words in his mouth.
Trump and Homan aren’t just talking about deporting public safety threats; they’re talking about deporting all illegal immigrants, including the vast majority who pose no public safety threat.
Cities have legitimate reasons beyond any desire to protect migrants from deportation for hesitating to cooperate with I.C.E., which has been sloppy at times, by arresting and detaining U.S. citizens. Participating in unlawful arrests and detentions would expose a cooperating city to lawsuits and legal judgments (see story here).
Meanwhile, Trump’s incoming press secretary says the president-elect will “marshal every federal and state power necessary to institute the largest deportation operation of illegal criminals, drug dealers, and human traffickers in American history while simultaneously lowering costs for families.”
They both need to read the 10th Amendment. Presidents don’t marshal state power, governors do. This is basic federalism stuff. Also, deporting immigrant workers will raise prices of food and housing, not lower them. Comments like this display ignorance of basic economics.
Homan has a point about sanctuary cities actively interfering with federal immigration enforcement. But he’s breaking wind when he claims governors and mayors are required to help him do his job.
Immigration enforcement is a federal responsibility, and governors and mayors can’t be required to assist with it. Nor should they, because of the potential legal risks and liabilities; and, on a more practical level, because it would divert police resources from local crime-fighting in cities where police are already understaffed and overstretched.
Related story: Are children of illegal immigrants born in the U.S. citizens? The century-old interpretation of the 14th Amendment says yes. But Trump wants to deny “birthright citizenship” to children if illegals. Will courts go along? Read story here.
Photo below: Do you see a public safety threat in this picture? Neither do I.
