With the election of Donald Trump, the federal government and both local and educational authorities are on a collision course over immigration policies. Many states and cities have reaffirmed that they will oppose any deportation efforts, including another recent chest-pounding interview by Illinois Gov. J.B. Pritzker. It is likely that the federal government will squeeze federal funding for sanctuary states and cities, though such efforts can trigger “commandeering” and other legal challenges. Universities may be in a more precarious position, but some like the Los Rios Community College District in California are doubling down on plans to oppose any federal enforcement efforts.
Various university and college presidents have reaffirmed their support for undocumented students and staff, including most recently Fordham University President Tania Tetlow. However, the Los Rios Community College District seems to have laid out a more concrete plan to oppose federal enforcement, a plan that was referenced in a January 28 email.
The District covers American River College, Cosumnes River College, Folsom Lake College, and Sacramento City College.
The email states that “[t]here have been reports all over the country of increased immigration raids in association with Executive Orders tied to immigration enforcement.” It seeks to address the “[f]ear … widespread throughout the undocumented and ally communities about their safety and the safety of their families and loved ones.”
Just after Trump’s election, Los Rios published a “Compact in Support of Undocumented and DACA Students and Employees,” including the possible concealment of immigration status.
Here are the eight commitments:
Los Rios will do everything in its power to fight for the rights of our immigrant and undocumented students and employees and will always do everything possible to uphold the values of our institutions.
Los Rios stands with state and local leaders who have pledged to do everything possible to defend the rights and protections of immigrant and undocumented Californians.
Los Rios commits to advocating for a permanent legislative solution to the Deferred Action for Childhood Arrivals (DACA) and a pathway to citizenship for our immigrant communities.
Los Rios will immediately provide additional resources to our Undocumented Resource Centers.
The Los Rios Police reaffirms its commitment to not participate in immigration-related activities, including arresting and/or detaining students, consistent with organizational values and state law.
Los Rios will protect students’ rights and confidentiality and will not share the immigration status of students or employees.
Los Rios, its colleges, and partners will do a full review of internal policies and regulations to ensure that we are doing everything possible to protect the rights of students and employees.
The Los Rios Colleges Foundation will create Dream Center Funds with resources for each college, administered by the Undocumented Resource Center on each campus. The Foundation will encourage other community members, employees, and private and corporate funders to give support to undocumented students to help remove critical barriers to their success, such as paying for DACA renewal fees, legal fees, purchasing laptops, and additional resources.
Number 6 is particularly interesting in promising an active role to conceal or withhold immigration status information.
We have been down this road before. Schools previously fought this battle over efforts to bar military recruiters. While I have been a vocal supporter of gay rights on many fronts, I was one of those who opposed the litigation that my law school joined. At the time, I stated that it was not only a clear loser on the law but also represented a type of hypocrisy: We insist that we cannot allow discrimination, but if money is at stake, we will allow it.
In Rumsfeld v. Forum for Academic and Institutional Rights, Inc., 547 U.S. 47 (2006), the Supreme Court unanimously ruled that the federal government, under the Solomon Amendment, could constitutionally withhold funding from universities if they barred military recruiters from interviewing students. The Solomon Amendment denied federal funding to an institution of higher education that “has a policy or practice … that either prohibits, or in effect prevents” the military “from gaining access to campuses, or access to students … on campuses, for purposes of military recruiting in a manner that is at least equal in quality and scope to the access to campuses and to students that is provided to any other employer.” 10 U. S. C. A. §983(b) (Supp. 2005).
It is easier to limit funds for universities, but it can still raise constitutional problems from free speech to associational rights.
In Rumsfeld v. FAIR, Chief Justice John Roberts noted that such laws could run afoul of the unconstitutional conditions doctrine “if Congress could not directly require universities to provide military recruiters equal access to their students.” He then added:
“This case does not require us to determine when a condition placed on university funding goes beyond the ‘reasonable’ choice offered in Grove City and becomes an unconstitutional condition. It is clear that a funding condition cannot be unconstitutional if it could be constitutionally imposed directly. See Speiser v. Randall, 357 U. S. 513, 526 (1958). Because the First Amendment would not prevent Congress from directly imposing the Solomon Amendment’s access requirement, the statute does not place an unconstitutional condition on the receipt of federal funds.
The Solomon Amendment neither limits what law schools may say nor requires them to say anything. Law schools remain free under the statute to express whatever views they may have on the military’s congressionally mandated employment policy, all the while retaining eligibility for federal funds. See Tr. of Oral Arg. 25 (Solicitor General acknowledging that law schools “could put signs on the bulletin board next to the door, they could engage in speech, they could help organize student protests”). As a general matter, the Solomon Amendment regulates conduct, not speech. It affects what law schools must do—afford equal access to military recruiters—not what they may or may not say.”
The coming challenges could raise the question left open in Rumsfeld v. FAIR. However, the question is whether universities, particularly state institutions, want to go down this road of confrontation rather than cooperation.
Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”
Seems to me that this University seems to generating exhibits 1,2, 3, ….. for the prosecution in their Obstruction of Federal Officers in the fulfilling of their lawful duties. These universities have the their right to free speech but they do not have the right to any Federal monies. I have no objection to the cessation of their federal funds. In fact I would demand it.
If you pull stunts like that while taking care of Medicare patients ( another federal program) it gets downright unpleasant with criminal charges and getting banned from Medicare forever. I don’t see why it should be any different for a university trying to disregard the law and then impeding federal officers as they try to enforce it.
Doctors and multimillion dollar health entities have a great deal of power and pull but I have rarely known of any that rushed out to confront the feds about the law. It pays to tread lightly here and make sure you have exorbitant amounts of resources. Also I would suggest that since this appears to be a public university, taxpayers might be somewhat upset by a public entity using their taxes to fight the feds. The university might find itself fighting opponents from 2 directions
I don’t understand the confusion between free speech (advocating for illegals) and the rule of law (you cannot harbor, abet or aid illegals). I can see that any University could say they oppose deportation of those who illegally entered our country – I don’t know of any legitimate reason to say that – but to blatantly state that you are supporting breaking federal law while still relying on federal aid in so many areas seems rather irrational. Who will bring down the hammer of reality on these stubborn ideologues. It’s honestly like trying to convince an islamist that the world will never accept a worldwide caliphate – they just stare blankly in your face unable to comprehend the facts in front of them but continue to live in their false universe.
@whimsicalmama
That seems to be confusing to all of the leftists. Enforcing laws has become a foreign concept to them, generationally, because a lot of the ‘dissidents’ (what a pathetic label for what amounts to very, very babied and spoiled cohort of adult children) were born in the 2000s. This is still a problem we are going to have to deal with in the future. Society could still collapse all at once, no matter what we do, because we have raised several generations of what amount to wet noodles with the accompanying IQs. The past four years were the demonstration of how they’d do. I guarantee you at least 80% of Biden’s employees were checking in with their laptops, in their living rooms, when they happened to feel like it.
hard time make tough men, tough men make good times, good times create useless flotsam leading to hard times and -rinse and repeat… We allowed this catastrophe to happen before our eyes by trusting our “memories” of how schools and media operate all the while not paying attention to the perverse indoctrination stemming from elite decisions at the top of our progressive social pyramid (while the elites on the right were sleeping in their complacency). Now what do we do with several generations of human flotsam that has little to add to either our society or our economy.
We should halt all legal immigration until The illegal mess is cleaned up, all 25,000,000. Amnesty of any sort is not acceptable.
America was isolationist until they touched the boats. Maybe it’s time to float the idea again. No need to tell people how to arrange their furniture whilst our house is ablaze.
It was a great idea when we were basically self-sufficient. Thanks to corporate lobbyists and congressmen willing to send our jobs overseas without the concurrent tariffs, we cannot just close our doors until we reconstruct manufacturing and food production on our own turf. Just examine how much necessary electronics, industrial goods, medicinal goods and food come to us in huge, economically unsound cargo container boats when we should be making all that stuff right here. Let’s find out the entire history of the legislation that allowed our economy to be shipped overseas – name names of each politician/bureaucrat that enabled that catastrophe and then reverse course to save our nation from what the future may bring.
@whimsicalmama
Yup. Nailed it. Under certain administrations, all of them American Democrat – that is basically what we did. It is not in any way, shape, or form sustainable. We’ve made a great start, but the rest remains to be seen. Again, enforcing our preexisting laws should not be controversial, but this is the generational damage that has been done. Try talking to your average 20 year-old about this, fully grasping these are the people that were gainfully employed by ‘fact checking’ networks.
It is well established that federal law enforcement is the job of the feds and every one else does not have a duty to actively assist. Also EOs are not federal law or regulations no one outside of the executive branch has to follow them.
Franke
While you were sleeping, the Biden Administration enacted “policies “ that circumvented federal immigration laws. The new Administration is simply enacting policies that follow immigration laws. The DOJ will now follow through with enforcement of the existing immigration laws. I hope that clarifies what has transpired for you. All those that fail to comply with the law,FAFO.
For the most part you are correct.
However, If you accept federal funds, those funds are always conditioned on a variety of things and can be conditioned on cooperation in the enforcement of federal law.
Ever where there is no duty to assist – obstructing federal law enforcement is a serious crime.
EO’s have the same force as federal law, but their SCOPE is limited to those within the executive branch.
Regardless if these institutions are firmly committed to civil disobedience – that is their right.
But that is a right that can result in loss of funding., fines, and possibly criminal prosecutions.
Sometimes civil disobedience is an effective tool to change hearts and minds.
Sometimes it is an effective means to lose your property and freedom.
EOs are not in anyway law. Only Congress can make federal law. Agencies can interpret federal law and create regulations as authorized by law, but they must go though proper procedures.
How about EO issued in a State of Emergency due to an invasion? I would have to believe that during an issued state of emergency, which Trump did, the duly elected President of the United States would have additional powers. See if that has any effect on your arguments.
@Franke
EOs are the backbone of a law. May the sensible ones of Trump’s go on to be *actual* law. And stop prancing: Biden signed nearly 200 EOs in his first week. Obama’s unelected czars could make the head spin. Go blow.
It is well established that federal law enforcement is the job of the feds and every one else does not have a
dutyresponsibility to actively assist.Duty is what you’re expected to do by others or society, and responsibility is what you take on personally and are held accountable for.
So no, they do have a duty and are failing at that miserably. As far as responsibility; they may not have a direct legal responsibility to engage in immigration law enforcement, however they do have a direct responsibility to the safety and security of all law-abiding individuals at their institutions. With that, they are also failing. Additionally, they put at risk all federal funding these institutions rely on to support their primary mission. By all means, FAFO.
Are there not already federal laws against aiding and abetting illegals? Those are not EOs so your logic does not hold. As far as arresting all public officials that do not allow ICE to do their jobs throughout the entire nation, that would serve as a clarion call about the authority of the Federal Government to do just what the 10th amendment requires; provide defense of out shores and form foreign policies. We are heading into that same conundrum that started our first civil war -the democrat run state’s right to own slaves and now the democrat run cities and states that claim the right to shelter illegals. I wonder who will finally win this and if it will be bloodless.
Universities remain a viable choice with federal funding and foreign tuition subsidies.
As expected, Turley is focusing on abstract issues related to schools or old stories about the origins of COVID-19. However, there are far more pressing matters that deserve his analysis. For instance, Trump just issued an executive order that would deport legal immigrants from schools if they protest against Israel. This raises serious free speech concerns, and it would be appropriate for Turley to critique this flawed and unconstitutional order.
We have yet to hear Turley address the TikTok ban or the chaotic situation Trump created by freezing all spending grants and programs, including Medicaid, which violates the Compounding Act. Additionally, Trump’s firing of Inspector Generals without notifying Congress and without providing reasons, as required by law, is another issue that warrants discussion.
Then there’s the Costco situation. Turley briefly touched on this issue on Fox Digital, stating that he disagrees with the 23 Republican Attorneys General who are attacking the company for choosing to maintain its DEI (Diversity, Equity, and Inclusion) program. A private company has the right to keep its program if it wants to. However, Republicans are pushing for censorship, demanding that private companies comply with their demands, which these companies are not legally obligated to do. It seems likely that Turley will either remain silent on these overreaching orders and unconstitutional mandates being pushed by Republicans or will come up with justifications for them.
Once again, the inane gasblowers make claims without any form of reference. Burden of proof is on you, George.
Link the EO for deporting student protestors.
Link where the federal freeze (which has been halted for now) would freeze Medicaid.
Link where on God’s blue internet Republicans are attacking Costco.
Put some meat on these bony arguments, and then you might have a case we can discuss.
“Trump just issued an executive order that would deport legal immigrants from schools if they protest against Israel. ”
The EO deports people who engage in violence or anti-semetism.
Many people equate opposition to Israel with anti-semitism.
While SOME anti-israel positions are also anti-semetic, all are not.
“This raises serious free speech concerns, and it would be appropriate for Turley to critique this flawed and unconstitutional order.”
If the order was as you claim – you would be correct, but it is not.
“We have yet to hear Turley address the TikTok ban or the chaotic situation Trump created by freezing all spending grants and programs, including Medicaid, which violates the Compounding Act. Additionally,”
The broad freeze has been walked back, in favor of a larger number of more specific freezes.
Medicaid was NOT frozen, if was just not specifically listed among the programs delivering individual benefits that were NOT suspended.
The suspension was temporary to allow Trump’s appointees time to review their own funding programs and shutdown or limit unconstitutional programs.
Regardless, politically we are in the midst of a Public Relations War. So Far that has been going badly for democrats and the left.
Civil Disobedience can be an effective tool for societal change – Ghandi brought down the British empire through civil disobediance.
The Effectiveness of Civil Disobediance often depends on details.
The images and reports of the British putting down Indian protests, the video of southern Police putting down civil rights protests were very effective.
Arguably the BLM riots of 2020 were not. The Anti-israel protests on College Campuses in the past year benefited Israel and Jews and Trump.
So Far Trump’s actions as president have enormous public support and popularity.
Only left wing nuts are going to oppose the deportation of violent criminals.
Long lines of military age men lining up to be deported is NOT going to pull at the hearts of most americans.
Support for mass deportations is currently high, and will likely remain so as Trump is deporting violent criminals.
That support will diminsh as deportations move into families, your nanny, your gardener, …That is likely one of the reasons that Trump is using Gitmo for illegals. Mostly out of sight of thee press.
Reqardless today Trumps actions are wildly popular.
Today it is the lefts obstructive efforts that are not going well.
Democrats have done bhadly in going after Trump nominees.
In what world tid Elizabeth Warran think it was a good idea to give RFK Jr the oportunity to say “I will not aggree to NOT go after Drug Companies for 4 years after I leave HHS.”
Most of the attacks of the Left on RFK Jr. made democrts look like shills for Big Pharma.
Thus far – Democrats are LOOSING the PR battle horribly.
So PLEASE keep it up.
Whether Trump’s EO’s are constitutional is a matter for the courts.
Most are highly popular.
It is likely the broad spending freeze was rescinded, because it was to easy for democrats to paint it as threatening things some supporters felt were important.
Furloughing large numbers of federal workers with Pay is not going to be unpopular – or to the extent it is, people will be asking – why they are getting paid.
Offering buyouts to federal workers is only unpopular – to the extent that people wonder why the sweetheart deal.
Only those on the left care about pre-emptive Firing of a few IG’s.
And no we do not need discussions.
With respect to Costco – It is highly unlikely that Turley – or really anyone else cares about policy disagreements within the GOP.
Particularly those that do NOT result in federal actions.
If Costco wants to keep its DEI program – so be it.
If they make mistakes like Anheiser Busch, Disney, John Deere, Caterpillar, Harley Davidson, Tractor supply,
and myriads of other private companies whose DEI activities have pissed off customers – that is when this will matter.
Wow. So the institutions will uphold their values? What values are that ? of disobedience and secrecy and defiance, oh that’s a good role model.
Yes, so many of our colleges and universities have their role models to show their values.
Gallup poll shows Trump approval rating of 47% for first week of presidency.
They note that this is the lowest first week rating they have ever seen since starting this poll in 1953.
Let the MAGA howling begin.
He’s above water, and 10 percentage points higher than at this point in his first admin. Biden, by contrast, was 25 percentage points underwater at the end of his presidency, among the lowest ever. 60% of Americans approve of troops at the border. Your attempt to cast a negative spin on the numbers fails, and fails bigly. MAGA baby!
Anonymous, I believe you have a sight problem, maybe crosseyed. If you check the numbers I’ve seen is 74%.
Booo hooo, ya howling crybaby
Is that the same poll that predicted a Harris victory???
LMAO what a stooge!!!
Gallup appears to be an outlier. Rassmussen has Trump at between 54-57% – more importantly Rassumssen has Trump HIGHER than he was on Nov. 5th, and Higher than he was at ANY time during his first term.
If that is failure – “Please sir, Can I have More”.
No one is howling – except the left.
Further Trump’s Policies are generally 10-20% MORE popular than he is.
Rasmussen ????
Really ????
HAHAHAHAHAHAHAHAHAHA
Your joking , right???
If ever there is an outlying pollster it is Rasmussen.
538 dropped them because they are so unreliable and biased.
John: I’ve pointed this out before Rasmussen is NOT a reliable polling organization–never has been–it has always deliberately chosen subjects likely to be pro-Trump.
^^^from the sensitive overweight person who constantly lifts text from MSNBC, CNN, Slate, Atlantic, and NPR.
Really? I’ve seen CNN (Yes, the leftie CNN!) report as late as yesterday that 47’s approval is +22 higher than 46’s in his first week. Are you admitting that Biden should have had only a 25% approval?
@Anonymous
False, and nobody cares. Gaslight somewhere else. You are an idiot.
It is truly miraculous that it is at 47% after the blitz by any and all indoctrinated prog tools to defame and discredit him for 8 years. I don’t care about polls, you can make them say anything you want – the proof is in who won the election and just how stupid, sour, and contemptuous the left is at this point. They are digging their own graves with this “in-your-face” strategy during these hearings. What they are doing is feeding the true bottom feeders of their party while exposing their nasty nature to the rest of us – you know the adage – when your enemy is digging a hole…
The Usual University suspects, Left Wing Liberal etc. defying the US Govt policies. Trump/US Govt, just cut all their funding. Liberals hate when they lose $$$$. Money talks BS walks. As one commentator noted, they did not learn from the recent Columbia situation.
“. . . Los Rios Community College District seems to have laid out a more concrete plan to oppose federal enforcement . . .” (JT)
You receive federal funding. Yet you wish to defy federal law and impede federal law enforcement officers.
Good luck with that.
Federal immigration laws are clear, if these Governors and University Presidents choose to obstruct, aide and abet illegal immigration; indict them, arrest them, trial them and then penalize them on each count. See how fast these people comply as they start losing their jobs, their paychecks and their lives. FAFO.
FAFO. Exactly.
Clear? What is the reference you have for that?
USC 1324 (a)(1)(ii)-(iv).
Clear enough?
Traveler,
Great comment!!
If there are legal loopholes, that provide sanctuary to foreign nationals should they make it within those boundaries, preventing the federal government from removing them, then close them you f*ing morons.
I would think that every college and university in the country would want sexual predators and rapists arrested, for the safety of their students.
JLM
Not all illegals fall into that category, the category that ALL Illegal immigrants fall into is they entered our country illegally or overstayed a visa, therefore they are criminals. Deport them. Let those that follow the rules come to assimilate into our country, ditch those that wont.
I see universities want to go the way of Columbia and end up sending their private planes to pick up qualified students as opposed to quali-colored students.
There’s no point in looking for sanity here – it isn’t there. The entitlement on the part of these people and similar is just breathtaking, bested only by the histrionics; these are not grownups. It’ll take time to sort, but I know we will, and of course, no one who has legal status is in any danger of going anywhere.
When Trump dodged a bullet, we all did.
I though employing an Illegal Alien was subject to fines. Is that not the case ?
Chamber of Commerce is a powerful drug in DC!
@Anon
Knowingly employing people here illegally is basically fraud, period. There is no further discussion on the matter. Let the chips fall. The rule of law is not obscure on this point, it’s just that modern dems have no interest in the rule of law, again, period, just power. If you are looking for tyrannical oligarchs, look no further than the modern DNC, and Nancy with her elitist fridge full of thousands of dollars in ice cream. Ice cream. Wrap your head around that. The rest of us were standing in line to get basic necessities then, often for hours. I know because I did it every day for myself and my wife at the time.
Dear Mr. Turley, this is simply the same old song and dance by the folks on the left. It is wearisome that these spoiled Universities keep on spouting anti-American ideas.
Sounds like school officials are on the border of committing a crime and should be handled accordingly. Punishing schools full of innocent workers and students is not the answer.
Illegal immigration is a new civil right particularly if you are poorly educated and arrive from a 3d world country.
And if you disagree you are an evil racist, exist, homophonic nazi who should be doxxed and destroyed.
S@@tlibs, how was my attempt at wokespeak?
antonio
Yes, the best course of action is to start at the top of this diabolical pyramid and cut out the cancer where it starts – the donors, the elite prog influencers, the totally incompetent and perniciously indoctrinated professorial/education industry apparatchiks that place agenda-driven soldiers for the cause in positions to poison the minds of our young.
Defund and Deport.
I wonder who will be the first to play George Wallace???
More stupid from stupid himself.