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COMMENTARY: Sanctuary Cities Versus Legalize Marijuana – Federal or States Rights Issue?

 

 

There are some who believe that America is headed for a Constitutional Crisis between the Sanctuary Cities, counties, and states with President Trump and his Attorney General on enforcing the law. The State of California recently announced that they are retaining the former Attorney General Eric Holder and his law firm for the amount of $300,000 per year perhaps, even more, should there be a trial. California wants Holders law firm to defend the state against prosecution for supporting Sanctuary Cities in violation of the federal law. Recently California is considering becoming a Sanctuary State.

The publication, Liberty Unyielding reporter Deneen Borelli on February 4, 2016, published an article titled, “ Guess how many sanctuary cities there are in the U.S.” Ms. Borelli suggests that the number could be as high as 300.The problem with Sanctuary Cities is that they are ignoring the federal statutes on the detention of illegal aliens who have committed crimes. Under the Federal law if an illegal alien convicted of a crime the local government is to notify ICE for pickup and deportation.

The Congress is responsible for immigration law, and the administration is responsible for enforcement of the law. For the last eight years, the Obama Administration and its two Attorney Generals have not prosecuted to the full extent of the law.  The legal authority has chosen the concept of “prosecutorial discretion” and not enforced the Federal law.  The most famous case is of Kate Steinle, the young woman shot and killed by an illegal alien who had five felony convictions. The shooter deported five times. Before he is alleged to have shot Ms. Steinle, he was in jail for another crime and the immigration authority asked the county sheriff to hold the felon until they could come and pick him up for deportation.  Unfortunately for Ms. Steinle, the lack of enforcement cost her life.

The sheriff said he would not hold him and he let the shooter free. He later obtained a gun and shot and killed Ms. Steinle. Several government agencies, including the U.S. Census Bureau, U.S. Sentencing Commission, Immigration and Customs Enforcement, the Government Accountability Office, the Bureau of Justice Statistics and several state and county correctional departments offer us frightful numbers. The statistics show an estimated 11.7 million illegal immigrants in the U.S. account for 13.6 percent of all offenders sentenced for crimes committed in the U.S. Twelve percent of murder sentences, 20 percent of kidnapping sentences and 16 percent of drug trafficking sentences are meted out to illegal immigrants.

The ICE’s Secure Communities office reports approximately 2.1 million legal or illegal immigrants with criminal convictions living free, or behind bars in the U.S. Each year, America arrests about 900,000 legal and illegal immigrants.  Also, 700,000 illegals are released from jail, prison, or probation back into American communities. ICE estimates that there are more than 1.2 million criminal aliens are at large in the U.S.

Mr. Trump ran his campaign on securing the borders and getting the bad guys out of the country. He and many of his 62 million supporters want to make America safe again, and these cities that are providing cover for illegal felons are endangering their citizens and the rest of us.

The second part of this article relates to a different conflict, and that is the state government legalizing the sale of marijuana. Some states have made it legal for medical use while others have made it legal for recreational use. Here again, the Federal government has laws on the books for controlled substances like marijuana, and yet the law is not enforced in the states with no penalty. Most people do not know that the sale of marijuana is a cash only business. The reason is that the Federal banking laws prohibit banks from participating in illegal drug funds. You can’t use a credit card, or a debit card, or write a check you can only pay cash.

I find it ironic that the states sued the tobacco companies for the damage they did in selling cigarettes and now they are selling drugs that will damage the lungs and with increased tar levels potentially cause cancer who will they sue down the road when many of the pot smokers need medical care.

So here we have states ignoring two Federal statutes and so far no consequences.  Will the Justice Department and Homeland Security under President Trump enforce both sets of laws?


Dan Perkins

Dan Perkins is a novelist who has written a trilogy on a terrorist attack against the United States. The Brotherhood of the Red Nile series is available at Amazon.com. Mr. Perkins book web site is www.danperkins.guru.

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