In an Executive Order signed Tuesday titled, “ENHANCING PUBLIC SAFETY IN THE INTERIOR OF THE UNITED STATES,” President Trump notes that,
Sanctuary jurisdictions across the United States willfully violate Federal law in an attempt to shield aliens from removal from the United States. These jurisdictions have caused immeasurable harm to the American people and to the very fabric of our Republic.
To address this and other harms, he has ordered the faithful execution of the Immigration laws of the United States against all removable aliens in violation of the law. He is asking for more enforcement officers, and unlike Mr. Obama, who fought the States at every Turn, Mr. Trump is asking for their help and offering his cooperation.
Sec 8. (b) To the extent permitted by law and with the consent of State or local officials, as appropriate, the Secretary shall take appropriate action, through agreements under section 287(g) of the INA, or otherwise, to authorize State and local law enforcement officials, as the Secretary determines are qualified and appropriate, to perform the functions of immigration officers in relation to the investigation, apprehension, or detention of aliens in the United States under the direction and the supervision of the Secretary. Such authorization shall be in addition to, rather than in place of, Federal performance of these duties.
Sanctuary cities, college campuses, and other entities have talked about protecting illegal immigrants, but talk is cheap. Failing to comply with Federal Immigration law could be very expensive.
Sec. 2. (c) Ensure that jurisdictions that fail to comply with applicable Federal law do not receive Federal funds, except as mandated by law;
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Sec. 6. Civil Fines and Penalties. As soon as practicable, and by no later than one year after the date of this order, the Secretary shall issue guidance and promulgate regulations, where required by law, to ensure the assessment and collection of all fines and penalties that the Secretary is authorized under the law to assess and collect from aliens unlawfully present in the United States and from those who facilitate their presence in the United States.
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Sec. 9. Sanctuary Jurisdictions. It is the policy of the executive branch to ensure, to the fullest extent of the law, that a State, or a political subdivision of a State, shall comply with 8 U.S.C. 1373.
(a) In furtherance of this policy, the Attorney General and the Secretary, in their discretion and to the extent consistent with law, shall ensure that jurisdictions that willfully refuse to comply with 8 U.S.C. 1373 (sanctuary jurisdictions) are not eligible to receive Federal grants, except as deemed necessary for law enforcement purposes by the Attorney General or the Secretary. The Secretary has the authority to designate, in his discretion and to the extent consistent with law, a jurisdiction as a sanctuary jurisdiction. The Attorney General shall take appropriate enforcement action against any entity that violates 8 U.S.C. 1373, or which has in effect a statute, policy, or practice that prevents or hinders the enforcement of Federal law.
(b) To better inform the public regarding the public safety threats associated with sanctuary jurisdictions, the Secretary shall utilize the Declined Detainer Outcome Report or its equivalent and, on a weekly basis, make public a comprehensive list of criminal actions committed by aliens and any jurisdiction that ignored or otherwise failed to honor any detainers with respect to such aliens.
(c) The Director of the Office of Management and Budget is directed to obtain and provide relevant and responsive information on all Federal grant money that currently is received by any sanctuary jurisdiction.
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Sec. 11. Department of Justice Prosecutions of Immigration Violators. The Attorney General and the Secretary shall work together to develop and implement a program that ensures that adequate resources are devoted to the prosecution of criminal immigration offenses in the United States, and to develop cooperative strategies to reduce violent crime and the reach of transnational criminal organizations into the United States.
There is a lot more there, some of which I’ve shared elsewhere like on Facebook, including a plan to deal with countries that balk at the repatriation of illegals, but the thrust is simple. We will enforce the laws we have. We will provide the resources to enforce those laws. State and local governments are partners in enforcement. Breaking the law has consequences.
A second Executive Order was also issued Tuesday on Border Security and Enforcement Improvements. Build a physical barrier on the border. Police illegal activity including unauthorized immigration, drug and sex trafficking, and stopping potential terrorists. Expedite processing and cooperate fully with the border states who enforce federal law.
And while everyone is distracted by the idea of a border tax on Mexico to pay for the wall that would actually be paid by American consumers, there is this little nugget in Section 9.
Sec. 9. Foreign Aid Reporting Requirements. The head of each executive department and agency shall identify and quantify all sources of direct and indirect Federal aid or assistance to the Government of Mexico on an annual basis over the past five years, including all bilateral and multilateral development aid, economic assistance, humanitarian aid, and military aid. Within 30 days of the date of this order, the head of each executive department and agency shall submit this information to the Secretary of State. Within 60 days of the date of this order, the Secretary shall submit to the President a consolidated report reflecting the levels of such aid and assistance that has been provided annually, over each of the past five years.
Mexico has been very uncooperative about its northern border. Some say the government encourages illegal immigration and other activity. So, Mr. Trump is sending a message. Mexico paying for the wall might mean something else entirely.
He might just mean a redistribution of foreign aid from an uncooperative nation could make a nice down payment on a vital domestic purpose like a border wall and more bodies to patrol it.
Trump has all the leverage, he knows it, and he knows how to use it. He has it over Mexico. He’s got it over the sanctuary cities. And the law is already on his side.
I wonder who will back down first?
