The Trial Lawyer Fall 2017 - Page 48

INTHETRENCHES SANCTUARY CITIES By Mark M. O’Mara The battle over whether cities can be ‘sanctuary cities’ and protect state arrestees from federal jurisdiction is heating up, and is about to boil over. Attorney General Sessions, under direction from President Trump, is moving to take away some public safety money from such cities as Chicago and others which he is alleging are not cooperating with him and Immigration and Customs Enforcement in their efforts to deport illegal aliens. President Trump’s edict to ICE and other law enforcement agencies, as legal as it is, only further rips at the national fabric of who we say we are: a 46 x The Trial Lawyer compassionate, accepting citizenry with a history of protecting the rights and liberties of the downtrodden. We were created on the very premise that tyranny will not work here. We are not mere robotic sentinels of a law detached from its undeniable human implications. We breathe life into our national existence, and our laws, by tempering harsh, by-the-letter application with an understanding that tolerance and governing by example is how we want to the world to view us. The answer is not in a showdown between the federal government’s right to legislate and enforce immigration laws and the individual cities’ rights to govern within their boundaries. Though if there is a battle, the federal government must win. The better solution is in a collaborative approach between the federal government, with its woefully inadequate enforcement resources,