New Blog Post:
New Blog Post:
New Article: Joshua W. Dansby, Sanctuary Cities and the Trump Administration: The Practical Limits of Federal Power, 20 The Scholar: St. Mary’s Law Review on Race and Social Justice 317 (2018). Abstract below:
On January 25, 2017, President Donald J. Trump signed an executive order with the supposed purpose of enhancing public safety of the interior of the United States. Part of the Administration’s plan includes threatening “sanctuary jurisdictions,” also known as “sanctuary cities,” with the loss of federal funds for failing to comply with federal law, specifically 8 U.S.C. § 1373.
There are several problems with this plan: (1) there is no solid definition for what makes a city a “sanctuary;” (2) if we accept the Administration’s allusion that a sanctuary jurisdiction is one that “willfully” refuses to comply with 8 U.S.C. § 1373, practically no city constitutes a sanctuary jurisdiction; (3) 8 U.S.C. § 1373, absent specific spending clause obligations, threatens to run afoul of federalism principles as laid out in the Supreme Court case Printz v. United States; (4) the order vests discretionary authority in the Secretary of Homeland Security (Secretary) to designate a jurisdiction as a sanctuary; and (5) the stripping of federal funds from “sanctuary jurisdictions” flirts with the prohibition against federal government coercion via threats of defunding as described in National Federation of Independent Business v. Sebelius.
The Administration’s current plan, represented in Executive Order No. 13768, is a vague, unsophisticated, and an unconstitutional attempt to require states and local law enforcement to assist the federal government with enforcing immigration law. Examining the background of federal power with regards to immigration, the author will examine the Administration’s Executive Order in the context of limitations on federal power, as well as determine ways the federal government can receive local law enforcement’s aid without violating any constitutional principles.
New Report: Elisa Minoff, Entangled Roots: The Role of Race in Policies that Separate Families, Center for the Study of Social Policy, November 2018.
By examining the roots of policies that separate families and their entanglement with racial prejudice and discrimination, this report makes the case that we must embrace an alternative path.
News Coverage: Jill Lepore, Is Education a Fundamental Right?, New Yorker, Sept. 10, 2018.
-Thanks to Susan Bennett for the heads up.
News Coverage: Peter Beaumont & Oliver Holmes, Trump poised to cut all US funding for key UN Palestinian refugee program, TheGuardian.com, Aug. 31, 2018.
In a week dominated by tragedy in Greece, Michael Cohen, and the aversion of trade war with Europe, there’s a lot that got swept under the rug. ICYMI:
(1) Tamar Haspel, The true connection between poverty and obesity isn’t probably what you think, Wash. Post, July 20, 2018.
(2) Myrna Pérez, How the Midterm Elections May Be Compromised, NYTimes.com, July 19, 2018.
(3) Charlotte Graham-McLay, New Zealand Grants Domestic Violence Victims Paid Leave, NYTimes.com, July 26, 2018. In a shocking reminder of what is possible when individuals in crisis are treated humanely and afforded a small measure of decency…
(4) Dylan L. Scott, Why Trump’s attacks on preexisting conditions are an attack on women, Vox.com, July 26, 2018.
(5) Dara Lind, Americans are stepping up to show reunited migrant families there’s more to their country than Trump, Vox.com, July 26, 2018. An informal welcoming committee is offering support — with everything from plane tickets to birthday cupcakes.
(6) Julia Carrie Wong, A year after Charlottesville, why can’t big tech delete white supremacists, TheGuardian.com, July 25, 2018.
(7) Tal Kopan & Nick Valencia, Exclusive: Listen to separated moms beg for their kids in court, CNN.com, July 24, 2018.
New Op-Ed: Nicholas Kulish, What It Costs to Be Smuggled Across the U.S. Border, NYTimes.com, June 30, 2018.
Live webcast (with captioning) available here: https://youtu.be/sXbBznBYz3Y.
Panel on Immigrant Family Separation and Family Detention, Wash. D.C., June 25, 2018, 12-1 pm.
New Op-Ed: George Goehl, How Scapegoating Immigrants Hurts All Workers, The Nation, June 19, 2018.
“When people are so dehumanized that forcing kids to sleep in kennels becomes acceptable, the value of life for everyone goes down.”