Law Newz: Some Experts Say Trump’s Executive Order Cracking Down on Sanctuary Cities is Illegal

IRLI In The News

January 27, 2017

By Chris White

When President Donald Trump issued his executive order early this week designating sanctuary cities as “ineligible to receive federal grants” so long as they continue to violate federal immigration law, he evidently exempted one major group from the funding cuts — police departments.

The decision has given hope to his critics who believe it makes it more likely a judge will ultimately rule Executive Order unconstitutional.

“The order has serious constitutional problems. Unless interpreted very narrowly, it is both unconstitutional and a very dangerous precedent. Trump and future presidents could use it to seriously undermine constitutional federalism by forcing dissenting cities and states to obey presidential dictates, even without authorization from Congress. The circumvention of Congress makes the order a threat to separation of powers, as well,” Ilya Somin, a law professor with George Mason University said in a post for The Washington Post’s Volokh Conspiracy blog. … Read the full story by Chris White.

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