No I don’t think so. But I am really curious what others think. I just have a hard time envisioning that scenario and am wondering if others think likewise.
Executive orders are not funded. There isn’t enough money to deport all the undocumented people.
I do not think that there will be mass deportations. But it is likely that Federal Laws on harboring those in the country illegally such as:
will be enforced. The penalty is up to 10 years in prison. If the laws are enforced, there will be less incentive to remain in the U.S. and people will self-deport to their countries of legal residence.
@HarvestMoon1, fwiw, i think you are basically correct and it is unlikely much will change. The most likely consequence of the change in administration is that illegal aliens who otherwise come to the attention of state and local authorities will be required to be reported to INS. Most assume that the INS will now act in some fashion on this information. Does that mean that every grad student who overstayed his visa and got a parking ticket will get deported? No. But it also means that the idea that there are sanctuary cities or sanctuary campuses where the laws of the United States don’t apply will be exposed for the fiction it always was. Wesleyan University is not sovereign, and doesn’t get to make its own law. It is not going to attempt to restrict INS’ or the FBI’s access to the campus. Northwestern is not going to make a new law on what is a public record. The Berkley cops are not going to barricade the library and stage a Les MIs style street fight on its steps.
According to wikipedia:
And…
Neither sounds like they are outright breaking the law, but rather doing as much as possible to help the immigrants and/or to NOT help immigration authorities beyond what is legally required.
Yes I think the sanctuary campus effort is mostly symbolic and really a form of protest that appears to have the support of most university administrations.
Certainly there are limits on what can be done, but immigration enforcement is specifically a federal matter. Given that, they are on solid ground in refusing that their campus police actively question or detain students. FERPA also gives them a lot of protection in refusing to arbitrarily share information or turn over documents without a subpoena or court order.
My own feeling is that these students will not be targeted by immigration officials and that deportation efforts (if any) will be focused on those who pose some sort of threat to the community. Colleges have no interest in protecting these individuals and would want them off their campuses anyway.
@Ohiodad51 wrote:
It’s true that Wesleyan isn’t a sovereign state, but, it is considered a “person” under the Constitution with certain rights, including the right to Fourth Amendment protection from warrantless searches and seizures. There was a FOX News discussion between the president of Wesleyan and Tucker Carlson to which, unfortunately, I can’t give the link because I think it would be a violation of the TOA. But, if you listen carefully in-between the constant cross talk, you can just make out the Wesleyan president suggesting that it would take the next administration 10 years to deport every registered DACA student, if each and every college and university in the country merely insisted on the Feds going to court first.
If you take a corporate office do the feds need a warrant to effect an arrest of a person expected to be in that office?
I think they only need an arrest warrant for the person and you can’t harbor a known fugitive under law. I think they are on very thin ice here. Just start cutting all fed aid and loans to students at that school
You need a warrant. Period.
Obtaining the arrest warrant is only a formality in most white collar crime situations. It’s obtaining sufficient evidence to establish probable cause that a crime has been committed or is being committed that would be the most contentious part of the process.
@snarlatron I don’t think that applies to minors. A 2 year old brought across is not going to be imprisoned. The question is, is that 2 year old actively breaking the law, if they don’t self deport on their 18th birthday?
FWIW: I don’t see how they would be able to prevent officers from detaining a student if they wanted to. It’s not like there are administrators in every dorm. Some dorms have live in staff, others an underpaid security guard, others have nothing at all. Unless schools would be stationing their own officers at each dorm to protect illegal immigrants, i don’t see how this is anything other than lip service.
Please re-read my posts. The 10 year max sentence is for someone harboring an illegal alien, not the immigrant.
Yes, they are in an irregular situation, though not of their own making.If you give your child a gold watch which is stolen property, it remains stolen property the rest of their life.
It’s not exactly jail time for being here illegally, but children do get imprisoned with their families while awaiting hearings/trials/deportation.
http://www.nytimes.com/2015/02/08/magazine/the-shame-of-americas-family-detention-camps.html?_r=0
“Instead of a “general policy favoring release,” the administration began to incarcerate hundreds of those families for months at a time. To house them, officials opened the T. Don Hutto Family Detention Center near Austin, Tex. Within a year, the administration faced a lawsuit over the facility’s conditions. Legal filings describe young children forced to wear prison jumpsuits, to live in dormitory housing, to use toilets exposed to public view and to sleep with the lights on, even while being denied access to appropriate schooling. In a pretrial hearing, a federal judge in Texas blasted the administration for denying these children the protections of the Flores settlement.”
Couple things. First, whether the police need a warrant to detain a college student is not really dependent on the policy of the University. Either law enforcement needs a warrant because of the privacy interest of the target, or they don’t. A college administrator’s opinion on that point is really irrelevant. Second, neither FERPA nor HIPPA, nor any other statute I am aware of, covers reporting citizenship status to the Feds. The issue with sanctuary cities et al is always the timing and nature of the notification, not whether the Feds are entitled to have the information. Third, the issue of whether executive orders are “funded” or not is immaterial. The laws already exist which at least technically require deportation. The whole point of this debate is the current administration’s position that it will not enforce existing law under certain circumstances, and whether the next administration will change that.
For those interested, here is an article on the related topic of sanctuary cities, and the policy issues shaping up between the presumed change in policy at the fed level and the locals. It is also interesting because it references the Calhoun/Jackson battles, which we discussed on this board just a bit ago.
http://www.the-american-interest.com/2016/11/25/the-new-nullifiers/
HIPAA, not HIPPA.
@Ohiodad51 asserts:
If the school asks to see a warrant and there isn’t one, any evidence pertaining to the crime found in the process of making that arrest can be thrown out of court. What law enforcement official in their right mind is going to take that risk absent exigent circumstances (e.g., an eyewitness to a violent crime,?)
@circuitrider, a college can’t add or remove requirements under the 4th amendment. Now, there are cases out there which say, for example, that a college can conduct a warrant less search of a dorm room under certain circumstances. But that doesn’t mean the college can set terms under which the state can exercise its police power. The courts do that. That’s the point.
@Nrdsb4, yeah you are right. A typo.
We’re engaging in semantics. A citizen, strictly speaking, can’t “set the terms” for anything. But, they can certainly demand their rights under the law. It’s called, “due process”. That’s the point.
@circuitrider NJ actually gives undocumented students in state tuition… mind blowing really considering there are students who are born here (out of state students) that don’t get that