Gavin Howe
Sanctuary cities are jurisdictions that limit cooperation with federal immigration authorities. While the term lacks a precise legal definition, sanctuary cities are generally understood to adopt policies that restrict the ability of local police to make arrests for federal immigration violations or to detain individuals on civil immigration warrants. These policies have been criticised for potentially shielding dangerous criminals from detection and prosecution. However, supporters argue that sanctuary cities help further public safety and that enforcement of federal law is not the duty of localities. The legality of sanctuary cities has been challenged by the Department of Justice, which has filed litigation and threatened to withhold funding from non-compliant jurisdictions.
| Characteristics | Values |
|---|---|
| Definition | There is no precise legal definition of a "sanctuary city". |
| Origin | The term "sanctuary city" originated in the United States but has since spread to Europe. |
| Purpose | Sanctuary cities aim to combat closed borders, detention, and deportation. |
| Policies | Sanctuary cities adopt policies that restrict cooperation with federal immigration enforcement, such as prohibiting police from questioning people about their immigration status or refusing to detain people beyond their release date. |
| Legal Status | The US Constitution and federal statutes do not prohibit policies that limit cooperation with federal immigration enforcement. However, some US courts have found that Section 1373 of the federal civil statute unlawfully interferes with state and local authority. |
| Impact | Sanctuary city policies reduce deportations of illegal immigrants without criminal records but do not impact those with violent criminal records. |
| Criticism | Opponents argue that sanctuary cities impede federal immigration enforcement, potentially shielding dangerous criminals. |
| Support | Supporters argue that enforcement of federal immigration law is not the duty of localities, and that law enforcement resources can be better utilised. |
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What You'll Learn
- Sanctuary cities are not defined or prohibited by the US Constitution or federal statute
- Sanctuary cities do not shield undocumented immigrants from detection, deportation, or prosecution
- Sanctuary cities can be held liable for unlawfully holding individuals without a judicial warrant
- Sanctuary cities are not bound to honour immigration detainers
- Sanctuary cities can be sued by the Department of Justice
Sanctuary cities are not defined or prohibited by the US Constitution or federal statute
Sanctuary cities are jurisdictions that limit cooperation with federal immigration authorities. While there is no legal or standard definition of the term, these cities are characterised by policies that prohibit the sharing of information or cooperation with federal immigration enforcement. For example, some sanctuary cities restrict the ability of local police to make arrests for federal immigration violations or to detain individuals on civil immigration warrants.
The US Constitution and federal statutes do not prohibit sanctuary city policies. The Tenth Amendment of the US Constitution prohibits the federal government from compelling states and localities to participate in immigration enforcement. Courts have repeatedly upheld this interpretation, asserting that the federal government cannot force local jurisdictions to honour immigration detainers. The federal statute 8 U.S.C. § 1373 prohibits restrictions on sharing information regarding immigration or citizenship status with the Department of Homeland Security (DHS). However, several courts have found that this statute unlawfully interferes with state and local authority.
Despite the lack of a precise legal definition, sanctuary cities have become a subject of legal controversy. Supporters of sanctuary cities argue that enforcement of federal immigration law is not the duty of local authorities, and that law enforcement resources can be better utilised elsewhere. They also contend that sanctuary city policies do not conceal or shelter undocumented immigrants from detection or protect them from deportation or prosecution for criminal activities. Instead, state and local police continue to enforce state and local criminal laws in these jurisdictions.
Opponents of sanctuary cities, including former President Donald Trump, argue that these policies obstruct federal immigration enforcement and can end up shielding dangerous criminals. In 2017, the Department of Justice (DOJ) sent letters to several sanctuary cities, threatening to withhold criminal justice grants unless they confirmed compliance with 8 U.S.C. § 1373. Additionally, the DOJ has filed litigation and taken other steps to challenge sanctuary jurisdictions. Some states, such as Arkansas, have banned sanctuary cities, while others, like California, have enacted laws to become sanctuary states.
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Sanctuary cities do not shield undocumented immigrants from detection, deportation, or prosecution
Sanctuary cities are jurisdictions that adopt policies that limit cooperation with federal immigration enforcement authorities. While the Department of Justice (DOJ) has challenged the existence of sanctuary cities, neither the Constitution nor any federal statute prohibits policies that limit cooperation with federal immigration enforcement.
Sanctuary policies do not conceal or shelter undocumented immigrants from detection, deportation, or prosecution for criminal activities. State and local police still enforce state and local criminal laws against immigrants who are accused of committing a crime in sanctuary jurisdictions. Sanctuary policies do not protect undocumented immigrants from deportation or prosecution for criminal activities.
In the United States, sanctuary policies include prohibiting police or city employees from questioning people about their immigration status and refusing requests by national immigration authorities to detain people beyond their release date if they were jailed for breaking local law. These policies can be set expressly in law (de jure) or observed in practice (de facto).
While sanctuary cities do not shield undocumented immigrants from detection, deportation, or prosecution, they can reduce deportations of undocumented immigrants without criminal records. Studies show that sanctuary cities in the US either have no impact on crime or that they lower the crime rate. A 2015 study by the American Immigration Council found that undocumented immigrants are less likely to engage in criminal behavior than native-born Americans.
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Sanctuary cities can be held liable for unlawfully holding individuals without a judicial warrant
Sanctuary cities are jurisdictions that limit cooperation with federal immigration authorities. While the Department of Justice (DOJ) has tried to challenge sanctuary cities, neither the Constitution nor any federal statute prohibits policies that limit cooperation with federal immigration enforcement. However, 8 U.S.C. § 1373 is a federal civil statute that prohibits state and local governments from enacting laws or policies that limit communication about "information regarding the immigration or citizenship status" of individuals with the Department of Homeland Security (DHS).
Despite this, several courts have found that Section 1373 unlawfully interferes with state and local authority. One of the most common forms of sanctuary policies is a restriction on holding immigrants in state or local jails following a “detainer” issued by Immigration and Customs Enforcement (ICE). A detainer is an official but non-binding request from ICE that a state or local law enforcement agency maintain custody of an individual for up to 48 hours beyond their release date so that ICE can take over custody.
The federal government cannot force local jurisdictions to honor detainers, and courts have repeatedly upheld this interpretation. Jurisdictions that do honor detainers can be held liable for unlawfully holding an individual on a detainer without a judicial warrant in violation of the Fourth Amendment, and they may be required to compensate individuals for damages. Sanctuary policies do not conceal or shelter undocumented immigrants from detection, nor do they shield them from deportation or prosecution for criminal activities. State and local police still enforce state and local criminal laws against immigrants accused of crimes in sanctuary jurisdictions.
Supporters of sanctuary cities argue that enforcement of federal law is not the duty of localities, and that law enforcement resources can be better utilized elsewhere. Opponents argue that sanctuary policies can end up shielding dangerous criminals, and that cities should assist the national government in enforcing immigration law.
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Sanctuary cities are not bound to honour immigration detainers
Sanctuary cities are municipalities that refuse to comply with federal immigration law. They prohibit police or city employees from questioning people about their immigration status and refuse requests by national immigration authorities to detain people beyond their release date, if they were jailed for breaking local law.
Sanctuary policies take many forms and generally fall into the following categories: policies restricting the ability of state and local police to make arrests for federal civil immigration violations, or to detain individuals on civil immigration warrants; policies prohibiting “287(g)” agreements through which Immigration and Customs Enforcement (ICE) deputizes local law enforcement officers to enforce federal immigration law; policies that prevent local governments from entering into a contract with the federal government to hold immigrants in detention; policies preventing immigration detention centers; policies restricting the police or other city workers from asking about immigration status; policies restricting the sharing of certain information on immigrants with the federal government; and policies restricting local police responses to federal immigration detainers.
While the Department of Justice (DOJ) has recently filed litigation and taken other steps to challenge sanctuary jurisdictions, neither the Constitution nor any federal statute prohibits policies that limit cooperation with federal immigration enforcement. 8 U.S.C. § 1373 is a federal civil statute that prohibits state and local governments from enacting laws or policies that limit communication about “information regarding the immigration or citizenship status” of individuals with the Department of Homeland Security (DHS). The statute also prohibits restrictions on maintaining such information. But a number of courts have found that Section 1373 unlawfully interferes with state and local authority.
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Sanctuary cities can be sued by the Department of Justice
Sanctuary cities are municipalities that refuse to aid federal immigration enforcement efforts. They adopt policies that restrict the ability of local police to make arrests for federal immigration violations or to detain individuals on civil immigration warrants. While the term "sanctuary city" does not have a precise legal definition, it generally refers to cities committed to supporting immigrants, refugees, and asylum seekers.
The Department of Justice (DOJ) has taken steps to challenge sanctuary jurisdictions, arguing that these cities interfere with federal immigration enforcement and provide safe havens for dangerous illegal aliens. The DOJ has threatened to withhold federal funding from sanctuary cities and has filed lawsuits against them. For example, in 2018, the DOJ sued the state of California, Governor Jerry Brown, and the state's attorney general, Xavier Becerra, over three recently passed state laws that made it challenging for federal immigration officials to deport criminals who were not US citizens.
The DOJ's position is that sanctuary cities are breaking the law by not complying with federal immigration enforcement. However, supporters of sanctuary cities argue that enforcement of federal law is not the duty of localities, and that law enforcement resources can be better utilized elsewhere. Additionally, federal court decisions have generally held that immigration detainer requests are voluntary, and that states and localities may be legally liable if they honor a detainer that violates the Fourth Amendment of the Constitution.
While there is no federal statute prohibiting policies that limit cooperation with federal immigration enforcement, the DOJ has interpreted 8 U.S.C. § 1373 as prohibiting state and local governments from enacting laws or policies that restrict communication about immigration or citizenship status with the Department of Homeland Security (DHS). Despite these threats and legal challenges, sanctuary cities continue to exist and resist efforts to end them.
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Frequently asked questions
Sanctuary cities are jurisdictions that limit cooperation with federal immigration authorities. They are often associated with protecting undocumented immigrants, but they do not conceal or shelter them from detection by federal authorities. Sanctuary cities do not protect undocumented immigrants from deportation or prosecution for criminal activities.
Some sanctuary city policies include prohibiting police or city employees from questioning people about their immigration status and refusing requests by national immigration authorities to detain people beyond their release date if they were jailed for breaking local law. Sanctuary cities may also adopt policies that restrict the ability of local police to make arrests for federal immigration violations or to detain individuals on civil immigration warrants.
The legality of sanctuary cities is debated. While there is no federal statute prohibiting policies that limit cooperation with federal immigration enforcement, the Department of Justice (DOJ) has filed litigation and taken steps to challenge sanctuary jurisdictions. The DOJ has argued that sanctuary policies can end up shielding dangerous criminals. However, courts have held that the Tenth Amendment prohibits the federal government from compelling states and localities to participate in immigration enforcement.
Sanctuary city policies have been found to substantially reduce deportations of illegal immigrants without criminal records, but they do not impact those with violent criminal records. A review of the research on sanctuary cities and crime found a "null" or negative relationship between these policies and crime. Supporters of sanctuary cities argue that enforcement of federal law is not the duty of localities, while opponents argue that cities should assist the national government in enforcing immigration law.
