That is the problem with following this administration. One gets "distracted" by the racism, one misses the attack on the constitution.
The Department of Justice is considering subjecting state and local officials to criminal charges if they implement or enforce so-called sanctuary policies that bar jurisdictions from cooperating with immigration authorities. Immigration advocates argue such a move would be illegal.
Department of Homeland Security Secretary Kirstjen Nielsen made the disclosure Tuesday during a Senate committee hearing on the department’s operations.
“The Department of Justice is reviewing what avenues might be available,” Nielsen said. “The context of this is of course not only putting my [Immigration and Customs Enforcement] officers at risk, but also finding an efficient and effective way to enforce our immigration laws.”
The Justice Department’s review follows a chilling warning earlier this month from the acting director of Immigration and Customs Enforcement, Thomas Homan, who said California would feel the wrath of his agency because of its decision to become a sanctuary state. Homan also called for local and state elected officials to be charged with federal crimes for adhering to sanctuary policies.
Whimsically skipping over the fact that no law is being broken and that what they are asking the courts have ruled as unconstitutional. In Printz v The United States it was eloquently put by Justice Scalia
We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the State's officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. It matters not whether policymaking is involved, and no case-by-case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty. . . .
So absent a warrant or other order, the States and cities have the constitution on their side. Not that this fact seems to concern the Trump administration. What would be the charges they would face? Not bowing to the will of The Great Orange One. Maybe it was just a matter of time that an governmental department named the Department of Homeland Security be used as a tool against freedom. Silly us.