By Michael Bielawski
A group of state attorney generals including Vermont’s Attorney General Charity Clark have signed a statement doubling down on resisting Trump administration enforcement of immigration laws.
According to one executive order from the Trump administration on Jan. 20, such a move could potentially put both federal funds at risk and open the state up to federal prosecution.
The AGs wrote, “It is well-established—through longstanding Supreme Court precedent—that the U.S. Constitution prevents the federal government from commandeering states to enforce federal laws,” according to a joint statement published by the Vermont Attorney General’s Office.
The statement continues, “While the federal government may use its own resources for federal immigration enforcement, the court ruled in Printz v. United States that the federal government cannot ‘impress into its service—and at no cost to itself—the police officers of the 50 States.’ This balance of power between the federal government and state governments is a touchstone of our American system of federalism.”
Showdown looming?
Bloomberg News reports that sanctuary cities across the nation are preparing for conflict with the incoming administration.
“Cities across the US are making preparations to protect immigrants from Donald Trump’s planned mass deportation program during his second presidency,” Bloomberg states. “Los Angeles passed an ordinance in November that prohibits municipal resources from being used for federal immigration enforcement.”
The Center for Immigration Studies as of this month lists 13 states, including Vermont, and 200-plus cities and counties as having policies that limit compliance with federal immigration.
Federal funding in question?
On Jan 20 the Trump administration issued an executive order clarifying that they will enforce federal immigration laws.
“Enforcing our Nation’s immigration laws is critically important to the national security and public safety of the United States,” it states. “The American people deserve a Federal Government that puts their interests first and a Government that understands its sacred obligation to prioritize the safety, security, and financial and economic well-being of Americans.”
It clarifies federal money may be withheld from states that refuse to enforce federal laws.
“The Attorney General and the Secretary of Homeland Security shall, to the maximum extent possible under law, evaluate and undertake any lawful actions to ensure that so-called ‘sanctuary’ jurisdictions, which seek to interfere with the lawful exercise of Federal law enforcement operations, do not receive access to Federal funds,” it states.
Another section deals with public benefits for illegal aliens in the US.
“The Director of the Office of Management and Budget shall take all appropriate action to ensure that all agencies identify and stop the provision of any public benefits to any illegal alien not authorized to receive them under the provisions of the INA or other relevant statutory provisions,” it states.
Potential prosecution?
In addition to risking access to federal funds, the State of Vermont could potentially find itself in the legal crosshairs of the new administration.
The executive order states, “Further, the Attorney General and the Secretary of Homeland Security shall evaluate and undertake any other lawful actions, criminal or civil, that they deem warranted based on any such jurisdiction’s practices that interfere with the enforcement of Federal law.”
The Bloomberg story further states, “A top Trump administration official told Justice Department staff that the DOJ will investigate and may prosecute instances of state and local authorities ‘restricting, obstructing and otherwise failing’ to comply with immigration-related orders and requests from the administration.”
The author is a writer for the Vermont Daily Chronicle