“All the indications are that this treasonable inflammation – ‘secessionitis’ – keeps on making steady progress week-by-week. If disunion becomes an established fact, we have one consolation. The self-amputated members were diseased beyond immediate cure and their virus will infect our system no longer.” — George Templeton Strong in his diary as Southern states voted to leave the union in 1861.
Once again, we are replaying the scene in the immediate aftermath of the presidential election of 1860. Local and state entities, under the spell of radical multiculturalism, have decided shortly after the election of Donald Trump to effectively negate federal immigration law in their jurisdictions. “Sanctuary” cities and states have taken the place of South Carolina and the ten other Southern states of 1860-1. This time, the sanctuaries’ target is immigration law and not the tariff or the spread of slavery. Attorney General William Barr, like Lincoln before him, has decided to reign in the “diseased members”, in Strong’s words, by announcing federal court action against California, King County, Wa., and New Jersey for inhibiting federal enforcement of immigration law. Barr’s press conference was the equivalent of Lincoln’s call for volunteers after the firing on Ft. Sumter.
Hurray, it’s finally on!
The sham logic of the seceding jurisdictions goes something like this: we need to maintain the cooperation of immigrant neighborhoods by not assisting federal immigration authorities as we enforce our laws, so we will ignore Section 287(g) of the Immigration and Nationality Act of 1996. Section 287(g) empowers state and local authorities to assist in the transfer of illegal immigrants with federal criminal violations. One of the sheriff’s elected in 2018 with the support of $175,000 from the ACLU was Gary McFadden in Mecklenburg County, NC. He crowed on election night, “287(g) is going to be history!”
Leftists like McFadden use rationales that are invented to hide a real purpose, which in this case is the goal of advancing the idea of a nation of disjointed tribes (radical multiculturalism). Immigration law stands in the way of bringing about this utopia – or dystopia in reality.
If you think about it, the rationale succeeds at reaching new heights of silliness. Why single out immigration law for this exclusive treatment? The same logic could apply to federal larceny, counterfeiting, contraband, and kidnapping suspects who were taken into custody by local authorities on state charges. Illegal immigrants are by definition lawbreakers and are preternaturally nervous whenever ICE officers appear anywhere for anything. Whether it’s the receipt of stolen identities, drug dealing, the kidnapping of an adolescent girl across state lines, or nothing, by an “undocumented” neighbor, the rest of the “undocumented” will concentrate on remaining under the fed’s radar. The “woke” localists’ reasoning is actually a call for an abandonment of all federal law anywhere a large concentration of illegal immigrants exists. And we have massive concentrations of millions of the “undocumented” (10-22 million, anyone’s guess) since the spigot of immigration – legal and illegal – was first thrown wide open in 1965.
The secessionists hang their hat on their interpretation of 287(g) as “voluntary”. Voluntary or no, a state or local government can’t inhibit the federal government from carrying out its constitutional powers. Court rulings have protected state and local governments from being forced to financially support a federal responsibility. But when does “voluntary” and “not being forced” stray into interference? Do these jurisdictions generally withhold cooperation with other local jurisdictions, other than the federal government on immigration law? Are the costs for holding a local suspect for violations of federal law so burdensome? In a federated republic, like ours, the police powers are shared; therefore, law enforcement in a governmental arrangement of overlapping layers ipso facto mandates the incurring of costs of cooperation since criminal activity strays across the nation and levels of government. Call it the costs of doing business in a federated republic.
In the end, we are left with radical left-wing localities and states who have in effect nullified federal immigration law as if they have the power to pick and choose the federal government’s constitutional powers that they will recognize. They refuse to share information and release suspects before the feds can get their hands on them. The behavior goes beyond the exercise of state and local sovereignty and into blocking the enforcement of federal law.
Segregationists of the old South would be proud. No state or local government has the power to act as if the 14th Amendment or federal immigration law has been repealed. The costs of intergovernmental cooperation aren’t burdensome when they are limited to briefly holding suspects or sharing information. It’s nonsense to conclude that any cost is the equivalent of the forceful conscription of local government for the benefit of the feds. Otherwise, we are the United Nations General Assembly and not the United States of America.
Go get ‘em Barr.
RogerG