Posted on July 30, 2010

Goodbye ‘Sanctuary’ Cities

William P. Cook, Wall Street Journal, July 30, 2010


{snip} Judge Bolton let stand A.R.S. § 11-1051(A), which prohibits Arizona officials, agencies and political subdivisions from limiting enforcement of federal immigration laws. A.R.S. § 11-1051(C)-(F), which requires that state officials work with federal officials with regard to aliens unlawfully in the state, will also remain in force.

Her ruling–provided it is adopted by other courts across the country–will drive a stake into the heart of the “sanctuary” movement among cities and towns that feel they have the authority to disregard federal law. Right now, they permit illegal aliens to freely reside within their borders and have access to various benefits that should only be reserved for those here lawfully.

Many local governments–mostly vocally San Francisco, but also Phoenix, Mesa, Chandler and Tucson–have conducted themselves as “sanctuaries.” As such, they have directed law enforcement personnel within their domains not to cooperate with state or federal law enforcement in the proper handling, including processing for deportation, of illegal immigrants. {snip}

The court also left unchanged the provision that permits legal residents of Arizona to sue any state official, agency or political subdivision for not enforcing federal immigration laws to the full extent permitted. {snip}

In addition, Judge Bolton refused to halt the implementation of a variety of amendments to existing Arizona law–those that pertain to the state’s right to control employment within its borders by regulating employers:

* A.R.S. § 13-2928(A)-(B): creating a crime for stopping a motor vehicle to pick up day laborers and for day laborers to get in a motor vehicle if it impedes the normal movement of traffic;

* A.R.S. § 23-212: amending the crime of knowingly employing unauthorized aliens;

* A.R.S. § 23-214: amending the requirements for checking employment eligibility.

{snip} First, there is an amendment that would make transporting or harboring an illegal alien an additional offense for a person who has committed another crime (A.R.S. § 13-2929). {snip}


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