...With major media now finally reporting on killings committed by illegal aliens, the pressure may be mounting on enablers like San Francisco mayor Edwin Lee to put an end to the immigration anarchy in their cities.
The 287(g) program, on the other hand, authorizes state and local police to be certified and assist federal immigration agents in identifying illegal aliens.
“Sanctuary cities” like San Francisco obstruct both programs by refusing to turn illegal aliens over to DHS pursuant to a detainer request and by not allowing their officers to get involved in the 287(g) program.
These cities are likely in violation of federal law. Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act as well as section 434 of the Welfare Reform Act of 1996 prohibit state and local governments from impeding the federal government’s request for information about a person’s immigration status, and local officials may not be barred from maintaining such information.
A large portion of deportations come from detainers and a key regulation which DHS has relied on to ensure state and local governments honor and comply with them is 8 C.F.R. s 287.7(d). It states that “upon a determination by the Department to issue a detainer for an alien not otherwise detained by [local police], such agency shall maintain custody of the alien for a period [generally] not to exceed 48 hours . . . in order to permit assumption of custody by the Department.”
Open-borders legal advocates have long argued that the “shall” in this regulation actually means “may.”...