The Right Side
By J Gary DiLaura, FBI-RED
I’m sorry, I’m not an attorney, although I wanted to attend law school but couldn’t afford law school, so I never studied “Sanctuary Law.” Fact be known, I can’t find Sanctuary Law ANYPLACE! It’s not in any law books I looked at. and for sure I can’t find it in the Constitution either!
The dictionary defines sanctuary as, “A place of refuge, where the process of the law cannot be executed!”
Ok, now where is that? More importantly, where’s the law that allows that in the US?
The same dictionary states that, sanctuaries existed in Europe but “never” existed in the United States! That’s because there is NO such thing in the US! That is, there is no such thing as a sanctuary ANYTHING (State, City, County or Church) in the United States that is ALLOWED by ANY laws!!!
So that being true, how can a mayor, a city council or a governor declare anywhere a Sanctuary Place?
Legally… they can’t!
I mean, do these idiots think it’s like playing “tag” and they can declare safe areas? These are illegal (lawbreakers) to start with, who “fled” their homeland for reasons unknown! We have no idea who they are, where they’re from or what they did there to make them break our entry laws to get away from “home!” For the most part, they have no documents to prove their identity, and these liberal, left wing, elected officials want to give them a Sanctuary?
Would they take them home for dinner with their family, too? I don’t think so! Then why force the rest of us to allow them to come to our neighborhoods, schools, churches… and be placed on subsistence programs that we pay for?
People can say almost anything they want, but unless they are a politician, that doesn’t make it true, at least it seems that way! An example would be Hillary, who signed a document called a Non Disclosure Agreement the day she became Secretary of State. The document was read to her, she read it herself, and then she signed and swore she understood and agreed to the terms. She then turned around and told the FBI she NEVER received any instructions or training on classified information, which is the entire text of the agreement! Un-freaking- believable… correct?
Let’s get back to Sanctuary Places. In the United States of America… there aren’t any! There were priests, rabbis, imams and other religious people who tried to prevent us from executing fugitive warrants in their places of worship for various crimes, claiming “they were a Sanctuary”! Sorry, they were NOT, and they were never successful because the Rule of Law is on our side… simple!
Our immigration laws are pretty specific on how to legally enter our country. If you don’t follow the law and enter illegally, you have broken the law, and depending on circumstances can face arrest, fines or both! There is NO place in the US you can take sanctuary from arrest, period! No matter what a governor, mayor or city council says, period!
A state cannot legally pass a law that directs anyone to “break” federal laws. Federal laws supersede state or local laws. These are basic things you learn as a lawman! Lawmen, in general, work to a common goal of enforcing the law, and when there is a conflict, the jurisdictions usually work it out among themselves. There are many crimes that are common, for example a bank robbery is both a federal and local violation and in every jurisdiction I worked in, we had meetings to reach agreements on how to handle cases.
Just because something was allowed by law enforcement for a while, doesn’t mean it’s legal! When I transferred to a smaller FBI office from the largest, we had a bank robbery with a shooting. When we arrived at the bank, the Captain of the local robbery squad and his officers were in a group “waiting” for the head of bank security to clear their employees for police interviews?! What? I put an agent with a detective and started the interviews, immediately. We had lawmen looking for a shooter with little info because the bank hadn’t cleared tellers for interview? Not anymore! When the head of security ran toward me, hollering at me, I handcuffed her and called the US Attorney (close enough for her to hear the conversation) for authorization to arrest for obstruction… he said OK! That problem disappeared and never raised its head again, and the FBI and local police department Bank Squad became very close units and worked many big cases together, as a result!
If an elected official directs a lawman to not enforce the law, he himself is breaking the law! It could be something as mundane as obstruction to more serious harboring to more serious yet! What would drive a politician to do that? Well, I have often said, “America… created by geniuses and run by idiots!” That can be VERY true, in my opinion!
Get just one US Attorney to authorize the arrest of a mayor, for obstruction, cuff him, fingerprint and photograph him and let him sit in jail for one night and the problem will probably mitigate!
Congress can withhold funding to states or cities, as they are required to obey all federal laws in order to receive certain types of federal funding. Their elected officials can be arrested for an assortment of crimes for interfering with lawman trying to enforce the laws, ANY laws, not just immigration laws!
The moral of all this is … just because you are a governor or mayor and passed sanctuary protection laws or orders and have “gotten away” with it, don’t get too comfortable with your act of defiance… like your child has done and gotten away with. Your acts have consequences!
Just be sure you can do the time if you do the crime!