Federalism is lawful rebellion. On one end it gives individual communities the means to govern themselves. On the other, it encourages a system that harbors abuse.
Many Americans — this includes us — have a love/hate relationship with this oxymoron of politics. We applaud a system that allows this sort of “regulated” rebellion yet we frown at the mess it creates.
Rewind to 1989, San Francisco passes “The City and County of Refuge” ordinance, dubbed the Sanctuary Ordinance, which prohibits government employees and government money from being used in any type of immigration investigation or arrest.
Fast-forward to last summer, Edwin Ramos, an accused “illegal immigrant” and MS-13 gang member, allegedly murders a father and his two sons in broad daylight after a traffic altercation. Ramos, who had been convicted of two felonies as a minor, attempted robbery and gang-related assault, was not reported to federal immigration officials because of San Francisco’s sanctuary-city status.
Violent criminals like Ramos are more of an anomaly than a norm. Most people come to our country to seek a better way of living, not to destroy lives.
Look, there is no question we need immigration reform. Immigration policy is a national issue. The only way we can push reform is to allow cities to be safe harbors for those who have no voice.
We detest the very use of terms like “illegal immigrant,” “illegal alien” and similar name calling because these inventions are meant to demonize entire groups of people — typically entire ethnic or racial groups. In California, scapegoating manifests into a racial assault on Latinos, especially those of Mexican descent.
That same summer San Francisco Mayor Gavin Newsom ordered that juveniles arrested on felony charges could be handed over to immigration officials. The turnaround almost smells like it was a political ploy, given that Newsom is running for governor.
Newsom forgot one thing though — the due process clause in the Fourteenth Amendment. Yes, even if you are thought to be here illegally you have a right to a fair trial.
Last Tuesday, the San Francisco Board of Supervisors addressed the problem by prohibiting law enforcement officials from referring juveniles to immigration officials unless they have been convicted of a felony. The mayor plans to veto the amendment.
Sanctuary cities are necessary to protect the human and civil rights so often violated by federal organizations like Immigration and Customs Enforcement. ICE has signed, or is in the process of signing, 67 agreements with cities across the U.S. creating sweeping immigration enforcement powers.
Already the program, revised Section 287(g) of the 1995 Immigration and Nationality Act, has resulted in a campaign of terror and racial profiling in Latino communities. People are detained for even the most minor infractions by local law enforcement agencies, asked about their citizenship status and, if they are deemed “illegal,” are turned over to ICE for deportation.
The already chronicled abuses of 287(g) are taking a dangerous toll on Latino communities in cities contracting with ICE. The delegation of immigration authority to local agencies like the Los Angeles County Sheriff is creating distrust of law enforcement, which will put people in danger.
Immigrant advocates have noticed a growing number of crime victims who, out of sheer terror, refuse to call the police to report their victimization. Why shouldn’t they be afraid? If they call the police they risk being victimized again.
Until we see comprehensive immigration reform, President Obama should place a moratorium on 287(g). Barring such a moratorium, cities and states should exercise sovereignty by resisting the turning of law enforcement agencies into immigration cop shops.