”A recently released memo shows members of the Chicago Police Department were instructed to “not cooperate” with ICE agents in “situations involving immigration arrests.”
But as I posted elsewhere, let us read Judge Harry D. Leinenweber’s recent WRITTEN OPINION which touches upon this very issue: 8 U.S. Code § 1373 - Communication between government agencies and the Immigration and Naturalization Service
“The constitutionality of Section 1373 has been challenged before. The Second Circuit in City of New York v. United States, 179 F.3d 29 (2d Cir. 1999), addressed a facial challenge to Section 1373 in similar circumstances. By executive order, New York City prohibited its employees from voluntarily providing federal immigration authorities with information concerning the immigration status of any alien. Id. at 31-32. The city sued the United States, challenging the constitutionality of Section 1373 under the Tenth Amendment.
Id. at 32.
_The Second Circuit found that Section 1373 did not compel state or local governments to enact or administer any federal regulatory program or conscript local employees into its service, and therefore did not run afoul of the rules gleaned from the Supreme Court’s Printz and New York decisions. City of New York, 179 F.3d at 35. Rather, the court held that Section 1373 prohibits local governmental entities and officials only from directly restricting the voluntary exchange of immigration information with the INS. Ibid. The Court found that the Tenth Amendment, normally a shield from federal power, could not be turned into “a sword allowing states and localities to engage in passive resistance that frustrates federal programs.”
So, local police cannot be restricted in the voluntary exchange of immigration information with the INS. Ibid. The Court found that the Tenth Amendment, normally a shield from federal power, could not be turned into “a sword allowing states and localities to engage in passive resistance that frustrates federal programs.
Whoever issued the command to forbid police officers from voluntarily cooperating with ICE Agents needs to be identified and prosecuted.
Elizabeth Warren wants elderly American citizens, who paid into Medicare all their lives, to surrender their healthcare to the millions of foreigners who have invaded America’s borders.