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- Title
PROVIDING SANCTUARY TO THE RULE OF LAW: SANCTUARY POLICIES, LAWLESSNESS, AND TEXAS'S SENATE BILL 4.
- Authors
PAXTON, KEN
- Abstract
Our Constitution places authority over immigration law in the hands of the federal government, but it entrusts the rule of law's fate primarily to the care of the states. Today, so-called sanctuary jurisdictions are seeking to thwart not only the legitimate authority of the federal government, but the bedrock principle that we are a nation of laws, not of men. In this article, I will briefly examine the nature and history of the sanctuary jurisdiction movement in the context of the illegal immigration crisis. I will then explain how Texas took a leadership role by passing Senate Bill 4--bold legislation to end the lawlessness of sanctuary jurisdictions. Finally, I will detail how Texas acted properly and within the bounds of the Constitution and why the arguments of those who would seek to invalidate the statute fail as a matter of law.
- Subjects
UNITED States; SANCTUARY cities; STATUTES; FEDERAL government of the United States; RIGHT of asylum; UNDOCUMENTED immigrants; IMMIGRATION law; FEDERAL-city relations
- Publication
Harvard Journal on Legislation, 2018, Vol 55, Issue 2, p237
- ISSN
0017-808X
- Publication type
Article