HARRISBURG, Pa. (Feb. 7, 2017) – A bill that would effectively prohibit so-called “sanctuary cities” that refuse to cooperate with enforcement of some federal immigration laws passed the Pennsylvania Senate on Tuesday.

A coalition of 22 Republican senators sponsored Senate Bill 10 (SB10). The legislation would require the governing body of all Pennsylvania municipalities, their officers and employees. and local law enforcement agencies to act as federal agents.

It would ban all local governments in Pennsylvania from adopting a “rule, order, ordinance or policy which prohibits the enforcement of a Federal law… pertaining to an immigrant or immigrations.”  In essence, this would require all local law enforcement agents to act as federal immigration enforcement agents.

Any municipal government or law enforcement agency violating the provisions of the proposed law would lose state grants and eligibility to participate in the sale of surplus state property. It would also make a “municipality of refuge” liable for damages caused by an individual released from custody who was the subject to and immigration detainer request.

Passage of this legislation would effectively prohibit the establishment of sanctuary cities in the state.

SB10 passed the Senate by a 37-12 vote.

BACKGROUND

Some U.S. cities, and the state of California, have refused to participate in a narrow segment of federal immigration enforcement. In all of these situations, government and law enforcement agencies in these cities don’t actively stop ICE from enforcing immigration laws. However, in a narrow sense, they simply don’t provide any support or assistance to federal agents. These cities leave it to the federal government to enforce federal law.

Non-cooperation with federal enforcement rests on a well-established legal principle known as the anti-commandeering doctrine. Simply put, the federal government cannot force states or their political subdivisions to help implement or enforce any federal act or regulatory program.

It would appear that Pres. Trump recognizes this as well. In his Jan. 25 Executive Order on “sanctuary jurisdictions,” he acknowledges that his policy of having state and local agents act as interior federal immigration enforcement will be done “with the consent of State or local officials.”

The represents a constitutional way to force cities to help enforce immigration laws. The federal government cannot do it do it. But if a state decides it wants to spend its time, money and resources assisting the federal government, they can certainly make that choice.

NEXT

SB10 will now move to the House for further consideration.

Image via Road Warrior on Flickr

Mike Maharrey

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

LEARN MORE

01

Featured Articles

On the Constitution, history, the founders, and analysis of current events.

featured articles

02

Tenther Blog and News

Nullification news, quick takes, history, interviews, podcasts and much more.

tenther blog

03

State of the Nullification Movement

232 pages. History, constitutionality, and application today.

get the report

01

Path to Liberty

Our flagship podcast. Michael Boldin on the constitution, history, and strategy for liberty today

path to liberty

02

Maharrey Minute

The title says it all. Mike Maharrey with a 1 minute take on issues under a 10th Amendment lens. maharrey minute

Tenther Essentials

2-4 minute videos on key Constitutional issues - history, and application today

TENTHER ESSENTIALS

Join TAC, Support Liberty!

Nothing helps us get the job done more than the financial support of our members, from just $2/month!

JOIN TAC

01

The 10th Amendment

History, meaning, and purpose - the "Foundation of the Constitution."

10th Amendment

03

Nullification

Get an overview of the principles, background, and application in history - and today.

nullification