OPINION:
Eighteen minutes. That’s how long Laken Riley fought for her life before she died of her injuries.
Her attacker, a Venezuelan named Jose Ibarra, had been living in the United States illegally since 2022 after the Biden administration ended former President Donald Trump’s “Remain in Mexico” policy. Just before killing the Georgia nursing student, Ibarra received a taxpayer-funded flight from New York to Atlanta.
Riley’s murder was entirely preventable, a consequence of toothless border policies that champion the interests of illegal aliens over those of American citizens and legal residents. Indeed, it is not surprising that securing the border is seen as a top issue for Mr. Trump to tackle in his second term as the consequences of our fraught immigration policy wreak havoc across the country, from Lockland, Ohio, to New York City.
Meanwhile, many blue state officials horrified at the prospect of no longer being able to offer their own denizens as sacrificial lambs to their chaotic policies have already announced their intention to defy any attempts by the Trump administration to regain control over the border or to deport illegals.
For instance, Massachusetts Gov. Maura Healey recently proclaimed that her state would “absolutely not” be cooperating with federal authorities to stem illegal immigration. Boston Mayor Michelle Wu went so far as to claim that any deportation efforts would “actually threaten the safety of everyone.”
Meanwhile, illegal immigrants have been charged in the sexual assaults of 39 children in Massachusetts this year.
The Trump administration has a variety of ways to tackle illegal immigration. The first — and perhaps most obvious — would be a restoration of the “Remain in Mexico” policy. It forced illegal aliens to remain in Mexico for the duration of any asylum proceedings and acted as a highly effective deterrent.
The Trump administration may want to consider a slight geographical modification to this policy — perhaps a temporary “Remain in Martha’s Vineyard” policy, under which illegal aliens might be allowed to await their asylum proceedings on the Massachusetts island. Not only has Ms. Healey expressed her unconditional support of illegal aliens, but in the coming winter, there should be no shortage of room to house such aliens in the offseason.
The added benefit of such an approach would be forcing those often least affected by the immigration policies of their blue politicians to experience the inundation of illegal aliens that other communities across America have.
Florida Gov. Ron DeSantis recognized this mismatch and capitalized on it in 2022 when he flew 49 illegal immigrants from Florida to Martha’s Vineyard. Within hours, officials in Duke County, Massachusetts, declared the migrants’ arrival a “humanitarian crisis.” Within two days, the migrants were shipped off the island by waving, smiling Democratic voters.
The Trump administration should reinstate its policy of withholding federal funding to any state or city that declares itself a sanctuary for illegal immigrants. While such a policy is difficult to enact and will undoubtedly be litigated — as it was previously — it is worth pursuing if only to demonstrate that noncompliance with federal law by state and local authorities at the expense of American lives is unacceptable.
The Trump administration should also initiate criminal investigations into localities obstructing Immigration and Customs Enforcement from enforcing federal immigration law.
Under 8 U.S.C. § 1324, it is a felony for any person — here, state and local officials — to knowingly conceal, harbor or shield an illegal alien from detection or attempt to do so. That is precisely what blue state officials have promised to do.
Many Americans may not realize what noncompliance looks like in practice. After local authorities release an illegal alien for a court date after the commission of a crime, they defiantly choose not to share such information with federal authorities. Forced to chase down the criminals themselves, federal authorities expend resources to protect the residents of the city whose own officials should have protected.
Last, the federal government has a variety of enforcement tools at its disposal with regard to illegal aliens themselves, and the Trump administration should utilize such. For instance, illegal entry into the United States is a misdemeanor under 8 U.S.C. § 1325, while reentry following deportation is a crime under 8 U.S.C. § 1326. Officials in sanctuary jurisdictions have no legal basis to disregard federal criminal arrest warrants.
Americans should not be left at the mercy of state officials who care more about foreigners than their own citizens. Whether such a decision is made out of malice or simply out of a desire to obstruct Mr. Trump, it makes no difference. The result is the same — the commission of more preventable crimes overwhelming state and local resources.
With experience as a guide, the Trump administration is well positioned to put a stop to this circus.
• Jonathan Fahey is a partner with Holtzman Vogel and formerly served as deputy assistant secretary at the Department of Homeland Security, acting principal legal adviser and then acting director at Immigration and Customs Enforcement. Erielle Davidson is an associate attorney with Holtzman Vogel. Before joining the firm, she clerked for Judge Steven J. Menashi on the 2nd U.S. Court of Appeals.
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