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  1. The people really benefiting from California’s sanctuary laws. By Nolan Rappaport



    © Getty

    President Donald Trump declared his opposition to sanctuary policieswhen he signed Executive Order 13768, “Enhancing Public Safety in the Interior of the United States,” during his first month in office. It states that to the extent permitted by law, sanctuary jurisdictions that willfully refuse to share immigration information with federal immigration officers will not be eligible to receive federal grants.

    Shortly after the order was released, two California localities filed suit in federal district court seeking to halt the implementation of that directive.


    This began a dispute between Trump and the State of California over its sanctuary policies that is still going on.

    The most recent lawsuit was filed by the Department of Justice. DOJ seeks to enjoin three of California’s sanctuary laws which allegedly reflect a deliberate attempt to obstruct the enforcement of federal immigration law.

    One of these laws is SB 54, which, in addition to restricting the sharing of immigration information with federal immigration officers, prohibits the transfer of criminal aliens to federal custody.

    If this dispute escalates, the next step may be harboring prosecutions of California officials who are deliberately making it easier for undocumented aliens to remain in the United States illegally, such as the officials responsible for the enactment of California AB 60.


    AB 60 required the California Department of Motor Vehicle to issue driver's licenses to undocumented immigrants who can establish state residence. More than a million undocumented aliens have received California driver’s licenses.

    Is California really helping undocumented aliens with its sanctuary policies?

    A recent report from the Economic Policy Institute (EPI) on labor laws that California has enacted to protect unauthorized immigrant workers indicates that many of the aliens who have been attracted to California by its sanctuary policies are being exploited by unscrupulous employers.

    Read more at http://thehill.com/opinion/immigrati...sanctuary-laws


    Published originally on The Hill.

    About the author. Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.







  2. Enforcing Trump's immigration plan will be harder than he thinks. By Nolan Rappaport


    © Getty

    Trump inherited a number of immigration enforcement problems from the Obama administration, the most serious of which was an immigration court backlog that has prevented him from using removal proceedings to reduce the size of the undocumented alien population.

    His solution seems to be to heed the advice of Mitt Romney, who said, when asked about reducing the population of undocumented aliens during a debate in 2012:

    The answer is self-deportation, which is people decide they can do better by going home because they can't find work here because they don't have legal documentation to allow them to work here.”

    But Trump is using harboring prosecutions to discourage people from helping undocumented aliens to remain here illegally in addition to enforcing employer sanctions to discourage employers from giving them jobs.

    Neither is likely to be successful.

    Read more at http://thehill.com/opinion/immigrati...than-he-thinks

    About the author. Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.






  3. Harboring undocumented aliens is still a crime — expect Sessions to prosecute it. By Nolan Rappaport


    © Greg Nash

    I raised the possibility a year ago that Chicago Mayor Rahm Emanuel will face criminal charges for harboring undocumented aliens if he goes much further with his sanctuary policies.
    Punishment for harboring ranges from a fine and/or up to a year in prison to life in prison or a death sentence.

    It hasn’t happened…yet. But Attorney General Jeff Sessions has called for more harboring prosecutions and is not limiting the reach of the harboring provisions.

    The Border Patrol arrested a member of the No More Deaths humanitarian group in the Arizona desert a few months ago and charged him with harboring for giving aliens who had made an illegal crossing food, water, and a place to sleep for three days.

    Harboring prosecutions are still uncommon, but I expect this to change when Sessions realizes that the immigration court backlog crisis is making it impossible for him to enforce the immigration laws effectively.

    He will have to find ways to make America a less desirable place for undocumented aliens to live. In other words, he will have to encourage “self-deportation.”

    Harboring prosecutions can serve this purpose by making individuals, landlords, employers, humanitarian organizations, etc., afraid to become involved with undocumented aliens. Even church congregations would be vulnerable.

    The immigration court backlog.

    Read more at http://thehill.com/opinion/immigrati...ct-sessions-to

    Published originally on The Hill.

    About the author. Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.







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