City Will File Another Lawsuit if ‘Sanctuary City’ Legislation Becomes Law

July 7, 2017
By

By Seth Daniel

The United States House of Representatives passed an immigration bill in June that includes harsh penalties for self-declared Sanctuary Cities like Chelsea, and even though it has a long way to go in passing the U.S. Senate to become law, City Manager Tom Ambrosino said he would be ready to go back to Federal Court to fight it.

“I’m hoping the Senate does not go ahead with that,” he said. “If the Senate does go ahead and it is signed by the president, I expect we’ll look at at filing another lawsuit for violation of the 10th Amendment. Hopefully, the Senate will be more reasonable. I’m going to worry about legislation that passes the House.”

The law that passed the House deals with many issues, but when it comes to Sanctuary Cities, it takes away all grant money from cities that self-declare as a Sanctuary City – as Chelsea does. That would likely mean steep losses for the Community Development Block Grant (CDBG), for public safety grants (police and fire) and for grants to the Public Schools.

Ambrosino said he doesn’t envision the law clearing the Senate and isn’t too worried about that happening, but did say if the Senate happened to approve the legislation, Chelsea would look at another lawsuit.

The City filed a lawsuit earlier this year with Lawrence when President Donald Trump issued his executive order penalizing Sanctuary Cities. That order was also challenged by several other municipalities, and a stay of the order was granted by a Federal Appeals Court in California. That stay also applied to Chelsea’s case, making the executive order moot.

However, the new legislation does take away one of the key arguments in Chelsea’s original case – that being the executive order actions weren’t authorized by legislation.

However, Ambrosino said he and the City’s lawyers still believe a 10th Amendment violation would be grounds for another suit if need be.

“Obviously, the fact that legislation exists would make that argument go away, but there are other arguments we made and one is that legislation would violate the separation of powers in the 10th Amendment.”

No new action has taken place on the House Bill since it passed in late June, but City officials are keeping close tabs on the Senate’s actions in relation to the Bill.


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