Does Trump Have the Power to Cut-Off Crucial Funding to Sanctuary Cities?

This controversial topic has been sparked from Trump’s threat to defund sanctuary cities, based on Section 1373 of Title VIII. Section 1373 prohibits local law enforcement from not reporting the attainments of undocumented immigrants to the I.N.S. The answer to this debated question can first be found in the federal powers of the executive and legislative branches. Unlike President Trump overbearing presence in the executive branch, Congress, in the legislative branch, are the ones given control over federal budgeting in the Spending Clause of their enumerated powers. Therefore, there is no reason Trump should be able to use the cutting off of federal spending as a means of punishment for noncompliance of local law enforcement agents.

Unfortunately, the complete answer to Trump’s ability to control federal money is not so cut and dry. Although the vast majority of federal money is distributed by Congress, there is still a smaller portion which is in his realm, as it is obtained from grants by the Cabinet Secretaries. However, these grants, which are distributed by his appointed secretaries, are not ones in which would place sanctuary jeopardy if they are cut off, but local government officials, such as firemen and police officers could lose out on supplemental federal funding for the equipment and staff that they need. Even though President Donald Trump does not have the authority to back up his threats of defunding sanctuary cities, however, he is able to punish the local law enforcement agencies of these areas by denying them supplemental funds due to a lack of reporting their detained undocumented immigrants.

Overall, Trump needs to check his privilege and realize that he does not hold all of the power that he used to on reality television; this is a country that thrives on balances and federalism.

Sources:

(https://www.nytimes.com/2017/04/28/opinion/trump-cant-withhold-funds-from-sanctuary-cities.html)

(http://www.heritage.org/constitution/#!/articles/1/essays/34/spending-clause)

(https://apnews.com/36598be42daf410a876330faf17fc282/ap-explains-can-trump-deny-federal-funds-city).