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Trump criminalizes Sanctuary in new executive order [1]

['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']

Date: 2025-04-29

It was bound to happen, so it did. Trump has railed about cities and states providing sanctuary and help to immigrants, and changed the rule so ICE could enter churches, synagogues, and mosques without warning.

The Quakers were first to challenge the ICE rule. That case is still ongoing. Protective order issued March 6th. Last action is a motion to dismiss by Kristi Noem on April 17th.

Trump did an Executive Order called: Protecting Communities from Criminal Aliens. The Fact Sheet is a lot easier to read, but misses some details. The Fact Sheet is titled President Donald J. Trump Protects Communities from Criminal Aliens. Don't you just love how he likes to take credit?

The fact sheet is headed with "Cracking Down on Sanctuary Cities." But, that's a ruse. He's also going after sanctuary states. And, he still got the Quakers lawsuit to deal with.

EO: "Federal Supremacy with respect to immigration, national security, and foreign policy is axiomatic."

That is true. Those are all federal functions, but the principal of sanctuary goes back to before Christian times. There were principles of refuge in Greek and Roman religious traditions.

The order claims Article II (presidential) responsibility for national security and foreign relations. Immigrants are a national security threat and sending them to El Salvador is his right and duty. Except it's not. Making a deal with a foreign country to imprison individuals without due process is unconstitutional.

Next, it claims that doing so is repelling an invasion. Again a complete stretch of the imagination and Congress, at least Democrats, call this a misreading of the Constitution and federal laws.

EO: "Yet some State and local officials nevertheless continue to use their Authority to violate, obstruct, and defy the enforcement of Federal immigration laws. This is a lawless insurrection against the supremacy of federal law and the Federal Government's obligation to defend the territorial sovereignty of the United States."

Boy, I wish they really hadn't used the word "insurrection" in there. The United States greatest insurrectionist is calling the shots about insurrection. Irony. But sad.

The order rattles off laws against obstruction, harboring and hiring, two types of conspiracy, and impeding federal law enforcement. And then comes the kicker:

"Assisting aliens in violating Federal immigration law could also violate the Racketeer and Influenced and Corrupt Organizations Act."

The RICO Act. The same thing Trump is charged with in Fulton County Georgia, except it's a state charge. Judge Hannah Dugan is just charged with obstruction of justice, not all the other charges that could have been leveled at her.

EO: "Some measures to assist illegal aliens also necessarily violate Federal laws prohibiting discrimination against Americans in favor of protecting illegal aliens and protecting Americans' civil rights."

Sure, help an immigrant and you're violating civil rights laws. Right and wrong turned on its head. You'll notice that he no longer calls them immigrants anymore. They're aliens. He keeps saying that so he can use the Alien Enemies Act of 1798. He figured if he repeats it enough times, and in so many places that it will sink in even with intelligent lawyers and judges.

Bondi and Noem are to put together a list of all the states and cities that are participating in sanctuary.

Then, they're going to "notify each sanctuary jurisdiction regarding its defiance of Federal immigration law enforcement and any potential violations of federal criminal law."

The head of every agency in coordination with the Office of Management and Budget "shall identify appropriate federal funds to sanctuary jurisdictions, including grants and contracts, for suspension or termination, as appropriate."

I knew that would come in somewhere. Funds. Federal funds. It's one of their main weapons in making states and cities, universities and colleges, scientific research organizations, and basically any entity that receives federal funds, to bow down to Trump's will.

They're even going after private entities that provide help to immigrants. They aren't getting any federal funds anyway, but because that can't be used as a bludgeon, they're going to try to make it illegal to help immigrants. Especially if they help them get any federal benefits.

Trump says they're going to stop the enforcement of any state or city law that somehow favors illegal immigrants over American citizens. "...including State laws that provide in-State higher education tuition to aliens, but not to out-of-state American citizens or that favor criminal aliens in criminal charges or sentencing."

It's just a kitchen sink attack for any and every thing. The Fact Sheet gets around to blaming everything on Biden.

"Millions of illegal aliens entered the United States under Biden's watch, including human smugglers, gang members, criminals and terrorists."

The fact sheet ends with a quote from Trump:

"No more Sanctuary Cities! They protect the Criminals, not the Victims. They are disgracing our Country, and we are being mocked all over the World. Working on papers to withhold all Federal Funding for any City or State that allows these Death Traps to exist!!!"

You can tell the Trump actually said or wrote this, with the capitalized words that normally wouldn't be.

Death Traps. He's really trying to justify breaking not just laws, but the Constitution itself. Fortunately, real lawyers and judges know better. The first test case is Judge Hannah Dugan. More to follow after this declaration of war.

Trump keeps trying to use federal supremacy over state laws with "national security," "emergency," and "invasion" as a means to override states' rights. This would been unthinkable under a Democratic presidency, but this seems to keep snowballing on its use. Every trick in the book. Every tactic.

The Supreme Court cases are going to start piling up, because the government will lose in District Courts, lose appeals and still not give up.

The Just Security Litigation Tracker shows 221 active federal cases against Trump today. They have some new notes. They don't count the removal of F-1 student visa 100 cases and 50 restraining orders from federal judges except as one case. And they don't count cases in which Trump is the plaintiff.

Every day there are more cases against Trump. There's also no accounting of how many contractors have filed over non-payment or canceled contracts.

This new attack on the principle of sanctuary is going be met with fierce resistance. I'm not too sure that Newsom and California are ready for it, but JB Pritzker and Illinois and Chicago are.

If the principle of sanctuary is removed, it can go even farther than Trump would want. Suppose an immigrant goes to their country's embassy to avoid deportation? If you break international law in pursuit of an immigrant, you are breaking diplomatic immunity as well. Once you do that, what about our own embassies?

Trump probably hasn't thought about that one.

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[1] Url: https://www.dailykos.com/stories/2025/4/29/2319467/-Trump-criminalizes-Sanctuary-in-new-executive-order?pm_campaign=front_page&pm_source=more_community&pm_medium=web

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