Wagner And Winick On The Law

The Rights -or Wrong- of Sanctuary Cities

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Can the federal government withhold funding to Sanctuary jurisdictions, including cities, counties, and states? The 10th Amendment to the US Constitution reserves powers not delegated to the federal government to the states. The Supreme Court has interpreted the 10th Amendment to contain an anti-commandeering requirement where states and local governments cannot be required “to enact or administer a federal regulatory program.” The Supreme Court also has held that under the Spending Clause, conditions Congress places on grants must be “germane” or “related to” the federal interest in the grant program. However, President Trump's Executive Order states that sanctuary cities are “not eligible to receive federal grants. How will the domestic battleground over immigration policies play out? Tune in to hear the hosts discuss both sides of the controversial issue of Sanctuary juristictions.