PA Senate Again attempts to Violate the Constitution

The Pennsylvania Senate appears to have put the US Constitution through the shredder. I previously posted their clearly unconstitutional bill attempting to limit abortion at 20 weeks gestational age. They have also passed a bill to deny all state funding to any local municipality or county that they deem a "sanctuary" locale. I call those local governments "Constitutional" locales. This is why:

The US Immigration and Customs Enforcement (ICE) sometimes issues what are referred to as "detainers." Detainers are only requests, not warrants. Ever since the US Supreme Court's decision in Arizona v. United States in 2012, it has been clear that local law enforcement may not rely on an ICE detainer to hold someone. Indeed, the 3rd Circuit Court of Appeals has held that if the ICE detainer were viewed as an order to local officials, that would violate the 10th Amendment. And if localities choose to hold someone based on an ICE detainer, and the person held is legally in the United States, then the locality that made the decision to hold that person is financially responsible if sued for a violation of the person's constitutional rights. ICE is not responsible, since a detainer is a request for cooperation from local authorities and is not an arrest warrant. To get an arrest warrant, the government has to show a judge that it is more likely than not that the person has violated the law.

If the government cannot show that the person has probably violated the law there is no legal authority to hold that person in custody, or as the 4th Amendment phrases it, "seizure" of the person.

It is clearly unconstitutional for either Pennsylvania or the United States to cut off funding to communities just because they want to follow the Constitution.