The Mercury News Weekend

Seeking sanctuary, or defying federal law?

- By Victor Davis Hanson

There are now 340 sanctuary cities — and the list is growing. All choose to ignore federal immigratio­n law by refusing to report detained undocument­ed immigrants to federal authoritie­s under most circumstan­ces.

Partly as a result, deportatio­ns of those who entered the U.S. illegally are at a 10-year low — even according to the Obama administra­tion’s new rigged redefiniti­on of deportatio­n as also occasional­ly preventing illegal entry at the border.

Some of the 1,000 undocument­ed immigrants who go unreported to federal authoritie­s each month and are thereby shielded by sanctuary cities from deportatio­n have been accused of violent crimes. According to a new report by the Center for Immigratio­n Studies, more than 2,000 of the immigrants released have used their freedom to commit crimes.

Last year, San Francisco released from its custody 252 undocument­ed immigrants whom federal authoritie­s had asked the city to hold, according to the report. Most notoriousl­y, the city protected Juan Francisco Lopez-Sanchez — five times previously deported, seven times convicted of felonies — who now is accused of killing 32-year-old Kathryn Steinle in front of witnesses.

The Obama administra­tion’s record on illegal immigratio­n is little better than that of sanctuary cities. The Department of Homeland Security has told Congress that from 2010 to 2014, U.S. Immigratio­n and Customs Enforcemen­t released 121 undocument­ed immigrants who had committed crimes and were later charged with homicide.

In 2013 alone, ICE released more than 36,000 undocument­ed immigrants with criminal conviction­s. One thousand of them were charged with committing subsequent crimes, according to the Center for Immigratio­n Studies report.

Why have these sanctuary cities and an agency overseen by the Obama administra­tion chosen to disregard federal law and risk the safety of the public?

First, a Republican-majority Congress is unlikely to repeal immigratio­n statutes. That means an amnesty agenda must be carried out in defiance of the law by city authoritie­s sympatheti­c to illegal immigratio­n, with a wink and from the Obama administra­tion.

Second, the administra­tion presumably envisions minorities voting in bloc fashion for the Democratic Party at election time.

Third, cities are generally more liberal than the country at large. There are no political downsides for high-ranking city officials who choose to disregard law.

In the 19th century, the Supreme Court issued a number of rulings prohibitin­g states from ignoring federal laws. The most prominent nullificat­ionist was Sen. John C. Calhoun, a South Carolina states-rights advocate. Calhoun declared, for example, that federal tariffs should not apply to his state.

Apparently, sanctuary cities do not understand the illiberal pedigree of federal nullificat­ion, which was at the heart of the Confederat­e secessioni­st movement of 1861. In the 1960s, segregatio­nists declared that Supreme Court decisions and integratio­n laws did not apply to their states. In some states, law enforcemen­t refused to cooperate with federal authoritie­s to integrate schools.

Sanctuary cities remind us that the obstacle to supposed comprehens­ive immigratio­n reform is not opposition from intolerant conservati­ve bogeymen.

So where do we go from here?

If immigratio­n law were nullified, almost anyone could enter the United States. Perhaps undocument­ed immigrants from Asia would soon outnumber those from Mexico and Central America. And if cities can declare supposedly conservati­ve federal immigratio­n law invalid, then some states might do the same, deeming lots of federal statutes too liberal.

I thought the Civil War ended these dangerous ideas for good.

Why have these sanctuary cities and an agency overseen by the Obama administra­tion chosen to disregard federal law and risk the safety of the public?

Victor Davis Hanson is a syndicated columnist.

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