Sanctuary cities are legal

Unfortunately Rodney Lyon (letter Sept. 19) has been misinformed, possibly by Victor Davis Hanson’s Sunday commentary regarding the Kentucky clerk being held in contempt for her refusal to issue marriage licenses.

Mr. Lyon wonders why sanctuary cities such as San Francisco are not similarly prosecuted for “violation of immigration laws.”

The simple answer is such sanctuary cities are not in violation of any law.

Being in the U.S. without authorization is a federal civil violation, not a criminal one. Local law enforcement has no authority to enforce federal civil law.

Further, detaining inmates, who are subject to release, at the request of Immigration and Customs Enforcement, has been held to violate the inmates constitutional rights.

Local authorities are free to notify ICE of the impending release of a person suspected of being the in country illegally, but are not required by any law to do so.

I’m sure Mr. Lyon knows marijuana possession is still a federal offense, yet some states have legalized it for medical or recreational uses. These states are under no obligation to enforce federal laws regarding its citizens’ possession of pot, nor are they required to notify federal authorities.

This story was originally published September 23, 2015 at 6:43 AM with the headline "Sanctuary cities are legal."