Does the "Sanctuary Cities" strategy sound familiar? It should. It's little different from the "nullification and obstruction" strategies adopted by recalcitrant Southern states to oppose the 1954 Brown v. Board of Education decision declaring racial segregation in education unconstitutional.
Both strategies were hatched to subvert federal laws. Fifty years ago, the despised law required school assignments to be made without regard to race. In the 21st century, the despised law allows federal agents to deport persons who are in this country illegally. Sanctuary cities, such as San Francisco, have declared that their law enforcement and criminal justice officials will not cooperate with federal authorities. They will not turn over illegal aliens to federal authorities or detain them until federal agents can take custody.
Cities are essentially telling the federal government "you don't have authority over us." But that claim of state sovereignty was fought over and settled 150 years ago. Federal law takes precedent over state laws.
Fifty years ago, some Southern states sought to avoid integrating their schools by withdrawing state funds from public schools and providing those funds to private, racially segregated schools. That tactic and other efforts to avoid integrating schools (such as "freedom of choice," allowing students or their parents to choose which school they would attend) succeeded for a while but ultimately were defeated by federal courts.
When some local governments sought to fight illegal immigration by establishing their own arrest and removal policies, immigrant advocates argued that border security and immigration enforcement are federal issues. Now, they argue that cities should be able to stop the federal government from enforcing federal immigration laws within cities' jurisdictions.
The Sanctuary Cities movement may be headed for a showdown, but it need not be as violent as the showdown over school desegregation. The federal government can withhold federal funds from uncooperative cities and may even be able to arrest city officials if they violate federal law. Make no mistake: federal law takes precedent over local and state laws.
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