Cesar Vargas, a former national Latino strategist for Bernie Sanders and co-founder of the DREAM Action Coalition, is New York's first openly undocumented lawyer. He is on Twitter (@DREAMerJ_D).
UPDATED DECEMBER 1, 2016, 3:21 AM
It is not only legally defensible but crucial to our national security for cities and states to be allowed to pass and uphold sanctuary laws to assure taxpaying residents — regardless of immigration status — that their local government will protect them from federal overreach.
It is fundamental principle for any local, state or federal sovereign to have discretion over how it will enforce its laws. As the Supreme Court noted in Heckler v. Chaney, an enforcement agency's decisions should reflect “factors which are peculiarly within its expertise.” Localities, not Washington bureaucrats, are best suited to determine local law enforcement according to a multitude of factors, in any given situation.
Local governments have constitutional authority to grant residents more rights and protections.
Even within those areas that the federal government does exercise authority, like immigration, it cannot force state or local governments to strip residents of rights and protections that have been passed by local legislature.
And at a time of eroded trust in police, states and cities must focus on how enforcement can be aided by local cooperation. A study by the Department of Urban Planning and Policy at the University of Illinois, Chicago, found that increased involvement of local police in immigration enforcement in cities only served to erode trust in the legal system among residents.
Should the U.S. use all of its might to protect our neighborhoods from those who threaten violent attacks? Of course. But Donald J. Trump's diatribes against sanctuary cities do not protect Americans — they only seed suspicion and divert attention from real concerns. The immense power of the U.S., and the money of taxpayers, should not be used to persecute, incarcerate and deport an undocumented parent working hard with the hopes of one day seeing her daughter become an attorney.
More broadly, opponents of sanctuary cities — like Kansas's secretary of state, Kris Kobach, the president-elect’s immigration adviser — forget that the U.S. fought against and declared independence from an imperial naval power to protect cherished liberties from an arbitrary central government embodied by an executive that could act by caprice through the throne.
The president-elect has a clear choice: Build trust among all Americans to keep the nation safe or allow disconnected political swindlers to divide the nation for their own careers. When each and every American — including the undocumented — has a stake in national security, in their neighborhoods, this country will have an even firmer foundation for protecting itself against foreign and domestic attacks.
Jan C. Ting, a professor at Temple University's Beasley School of Law, is a former assistant commissioner of the Immigration and Naturalization Service.
UPDATED DECEMBER 1, 2016, 4:27 PM
Immigration laws, like all laws in the U.S., can be criticized and challenged. But those laws enacted by Congress under the authority of the U.S. Constitution need to be respected and enforced. The defiance by some cities of U.S. immigration law and efforts to impede its enforcement, reflect a deeper questioning of our constitutional processes.
Sanctuary cities became controversial after a series of high-profile crimes were committed against innocent victims by illegal immigrants who had been released from detention by local authorities — without notification to the Immigration and Customs Enforcement bureau of the Department of Homeland Security.
Outrage over the issue may have helped Donald J. Trump get elected, as he denounced and promised to cut off federal funding to sanctuary cities. They were also an issue in the successful re-election campaign of Senator Pat Toomey of Pennsylvania, who denounced the sanctuary city policy in Philadelphia, in his own state.
Laws imposed locally for the protection of illegal immigrants interfere with the normal cooperation between law enforcement agencies.
It was right for these politicians to critique sanctuary policies: Laws imposed locally for the protection of illegal immigrants interfere with the normal cooperation between law enforcement agencies.
That is why the Department of Justice under Attorney General Loretta Lynch, under pressure from a Republican Congress, notified sanctuary cities that they must be in compliance with 8 USC Section 1373, which prohibits any agency from restraining the exchange of information among federal, state and local agencies regarding the immigration status of any individual. The attorney general warned that sanctuary cities would not receive Justice Department funding in the current 2017 fiscal year if they did not comply. President-elect Trump and the Republican Congress can be expected to attempt to cut other federal funding to sanctuary cities in 2017.
Any prohibition against state and local officers sharing information and cooperating with federal immigration enforcement is a threat to public safety, and should not be supported by federal funding.
Law enforcement agencies have traditionally relied on each other for support and back-up in carrying out their respective missions: It helps build trust and avoids unhappy surprises. Now, more than ever, with law enforcement officers and agencies under both scrutiny and attack, such coordination and cooperation should be facilitated and encouraged.
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Read each editorial and summarize the overall argument made by each writer.
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The first article is claiming that immigration status is something that should not stop someone from living normally in their city. However, the other author is saying that it is important for all illegal immigrants to be fully and federally documented, because otherwise it would be a security issue.
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The author agrees that the government should do everything in its power to keep the country safe, but getting rid of sanctuary cities is not the way to do this. It is unconstitutional according to the author to get rid of sanctuary cities. The author’s bias is justified considering he himself is undocumented.
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The first article expresses the idea that the recent focus on illegal immigration has diverted our attention from other, more important concerns in America. It is suggested that our concerns on national security should not intrude on the rights of people who have come to America for a better life.
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Cesar Vargas, the first writer, believes that Sanctuary cities, which do not have to allow search for undocumented immigrants, should be allowed to exist. He believes they prevent mistrust. He also believes that since the federal government is not given the power to search for undocumented immigrants by the constitution, the power goes to the city. The second writer, Jan C. TIng believes that sanctuary cities should not be allowed to exist and that funding to them should be cut off. He believes laws imposed to protect illegal immigrants interfere with cooperation of law enforcement agencies. He also provides that illegal immigrants have committed series crimes, and should not be allowed to reside in the country through these sanctuary cities.
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In the first article, the author believes that the government should focus their attention to other concerns rather than attacking undocumented aliens that are trying to have the “american dream” and allow their children to better succeed in life. There seems to be issues with finding whether or not it is worth it to persecute aliens or fight battles within the country itself.
Article 2 however holds the opposite opinion of the state of the sanctuary cities. There is an element of the idea that even when the people don’t agree with all that a president or government service does, there should be a respect for the office. People believe that there should be restrictions upon how much funding is given to these cities so that they don’t exist anymore since they go against the ideals of the President
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Vargas argues that states should be able to allow sanctuary cities because by law they have authority to do that and the federal government cannot force them to search out illegals. Ting, however, argues that the authority of Congress and the Constitution must be enforced. Ting argues that all citizens must be documented for the safety of the people.
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In the first article, the author is arguing that local governments have direct authority over their residents, and is responsible for granting them more rights or protections. The second article argues that the Constitution gives laws enacted by Congress supreme authority, and it is up to local governments to enforce those laws and not counter them with by establishing their own rights.
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The main argument Cesar Vargas is making is that the federal government should not be allowed to force local governments to restrict a citizen’s rights. The article believes local governments should be in charge of enforcing their laws in the area. If the government limits the rights of its people, the residents lose their trust in the legal system.
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Cesar Vargas argues that sanctuary cities should have the right to govern the people in their cities the way they wish in specifics. This includes the decision on what to do with their undocumented citizens. It also prevents the rise in conflict with the government and its people.
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The first article points out that local governments are very beneficial to the people and should have control over how it enforces its laws and cities should focus more on using local advantages to aid enforcement. The local government expresses each individual at its best which will allow for enforcement to be at its best.
The second article enforces the fact that local laws do not help while there are national laws made specific for the issue. Local laws create issues for what the national government feels necessary that they must set out to do.
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Vargas argues that the federal government should not be focusing on trying to get illegal immigrants out of the country. That is up to the local governments to decide on the situation of undocumented immigrants. Their main focus should be on the protection of the nation. Ting discusses how
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The author uses words like “innocent victims” with words like “illegal immigrants” to make it seem like immigrants are the only people who commit such crimes. This use of rhetoric evokes logos: “if immigrants cause crimes, why should local government protect them?” However, the bias is quite authoritarian and goes against the ideas behind the tenth amendment and general federalism.
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It is really interesting that Cesar Vargas is New York’s first undocumented lawyer. This shows that he has a personal investment in this topic. I might want to read carefully and ensure that he presents a balanced perspective.
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He cites a specific, relevant Supreme Court case to help provide evidence for his claim about local governments.
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to be continued
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The more police involvement in the people’s affairs, the more people are fighting against their local governments. Cesar Vargas is an openly undocumented lawyer…(will be continued later.)
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The author tries to connect to a general group where people would understand the struggle of wanting the best for their children. By making this argument, people can relate that either their own parents wanted the best for them in school and life, or parents that want their child to be successful in life. This distracts the reader from the fact that not everyone, not representative of their upbringing, will be as successful as to become an attorney. There is a chance that even if they are allowed to stay in a sanctuary city that the individual just might not grow up to be an attorney or the most successful person that they know. That is dependent on the person, not the upbringing or goals set for themselves or set for them by others.
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On the last part of the sentence, he evokes the emotions of the readers who are parents, stating how he, an undocumented immigrant, works hard every day in hopes to see his daughter become a lawyer. He relates to every parent reading who wants to support their children on their hopes and dreams.
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At this moment, Vargas allows the reader to feel similarly to those that unfortunately live in fear of their futures in the country. This essentially keeps the reader from the focus of the article.
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Being a former assistant commissioner of the Immigration and Naturalization Service, Ting likely supports federal involvement regarding immigration. This may cause him to have a bias against sanctuary cities.
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The author, Jan C. Ting is using the words “innocent victims” to make the people that have been victims seem not at fault and makes them seem more passive. On the other hand, he also uses “high-profile crimes were committed” which draws negative connotation to the topic, which in turn makes it so that the author shows bias against the immigrants and sanctuary cities for the “effects” of having them in society, in the form of an exaggerated article.
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This is an unfair statement. The sentence makes it seem as though every single person who is undocumented is a threat to safety, when most of what the federal government is proposing is actually an invasion of privacy, and a vastly small amount of illegal immigrants are actually dangerous.
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