Anti-Sanctuary City bill may violate Tenth Amendment, according to National League of Cities

In the wake of the introduction of the Stop Dangerous Sanctuary Cities Act, which gives local police officers the ability to enforce federal immigration laws on undocumented immigrants, the National League of Cities (NLC) released a public statement coming out strongly against the legislation.

To date, the bill has more than 90 Republican cosponsors in the House and 25 cosponsors in the Senate companion bill. According to the bill’s authors, U.S. Rep. Diane Black (R-TN) and U.S. Sen. Pat Toomey (R-PA), the bill’s intent is to provide officers with legal protections if an individual were to file a lawsuit to challenge the legality of their detainment without probable cause or a judicial warrant.

“Passage of this legislation will set a very dangerous precedent and continue to erode our federalist system in which the U.S. Constitution ensures the power to police is left to state and local governments,” NLC’s Program Director of Public Safety and Crime Prevention Yucel Ors said.

Provisions in the bill would effectively prohibit cities not in compliance with federal law from receiving grants administered through the Economic Development Assistance Program and the Community Development Block Grant Program, which would be reinstated only if cites comply with any Department of Homeland Security detainer request.

“If passed into law, this legislation (as it is currently written) could face significant Constitutional challenges, as it may violate the Tenth Amendment, which reserves powers not delegated to the federal government to the state,” Ors said.

While the bill has received considerable backing in both houses of Congress, neither the House or Senate versions have been voted on yet.