Declaring an area within the United States a “sanctuary” is not itself inherently illegal. The problem with immigration sanctuaries is their interference with and denial of Constitutional protections afforded to all U.S. Citizens.
When local, county, city or state governments declare areas under their purview as “immigration sanctuaries,” they violate Constitutionally-lawful federal law. Those laws protect many things, not the least of which include the right of EVERY U.S. Citizen to to the Constitutional rights of each and every individual within the city, the county, the state and the country, whether the majority of those involved waive their Constitutional rights or not.
If even ONE individual in a sanctuary city chooses not to waive their Constitutional rights, THE CONSTITUTION MUST BE ENFORCED. We do NOT live in “majority-rule” cities. We are certainly NOT a democracy. We are a Constitutional Republic (Article IV Section 4).
If we governed ourselves by majority rule, how long do you think it would be before majorities of liberals deported all conservatives to another city, if not another state? How do you think racism in the United States would have turned out? I suspect society would still be heavily segregated.
The Constitution grants the United States (federal government) the authority to oversee immigration (Article I Section 9). Because this power is specifically granted to the federal government, it is NOT reserved to the states (Amendment 10).
Many people argue the Constitution doesn’t grant the the federal government the right to control immigration at all. Let’s examine the FACTS:
“The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person” (Article I Section 9)
This specifically protects the States’ power and authority to admit migrants or (gulp) slaves and indentured servants prior to 1808, subject to a federal tax or duty up to $10 per person.
Beginning January 1 of 1808, however, the power and authority for both “Migration or importation of Persons” moves to the federal government i.e. the United States, beginning with Congress — if they so choose. The thing of it is, Congress did so chose, and long, long ago, via the body of law governing current immigration policy i.e. The Immigration and Nationality Act (INA). The INA allows the United States to grant up to 675,000 permanent immigrant visas each year across various visa categories.
Furthermore, so enacted, the law applies equally to all citizens of all states: “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States” (Article IV Section 2).
Finally, not only is the Constitution for the United States of America binding to “the Judges in every State,” the “Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States,” but all amendments “shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof” (Articles IV and V).