Keith Mack
Sanctuary cities are jurisdictions that limit cooperation with federal immigration authorities, allowing local resources to be used to support community members. While there is no standard definition, sanctuary policies generally fall into categories such as restricting the ability of local police to make arrests based on immigration status, prohibiting agreements with Immigration and Customs Enforcement (ICE), and preventing local governments from entering contracts with the federal government to hold immigrants in detention. These policies are often adopted in areas with large immigrant populations to promote trust and safety within communities. However, opponents argue that sanctuary cities undermine the rule of law by refusing to cooperate with federal immigration enforcement. The Department of Justice (DOJ) has challenged sanctuary jurisdictions, but there is no federal statute prohibiting policies that limit cooperation. Cities like Chicago, Berkeley, and San Francisco have implemented sanctuary policies, with California becoming a sanctuary state in 2017.
How Cities Can Fight the Sanctuary Cities Law
| Characteristics | Values |
|---|---|
| Prohibiting city employees from enforcing federal immigration laws | Chicago Mayor Harold Washington issued an executive order in 1985 prohibiting city employees from enforcing federal immigration laws |
| Protecting residents' rights to access city services regardless of immigration status | Chicago passed the Welcoming City Ordinance, which protects residents' rights to access city services regardless of immigration status |
| Prohibiting police from arresting individuals based on immigration status alone | Chicago's Welcoming City Ordinance also prohibits police from arresting individuals based on immigration status alone |
| Refusing to cooperate with federal immigration enforcement | The New Orleans Police Department implemented a policy in February 2016 to no longer cooperate with federal immigration enforcement |
| Prohibiting police or city employees from questioning people about their immigration status | Municipal policies in some sanctuary cities include prohibiting police or city employees from questioning people about their immigration status |
| Refusing requests by national immigration authorities to detain people beyond their release date | Some sanctuary cities refuse requests by national immigration authorities to detain people beyond their release date if they were jailed for breaking local law |
| Restricting the ability of local police to make arrests for federal immigration violations | Some sanctuary cities restrict the ability of local police to make arrests for federal immigration violations |
| Restricting the ability of local police to detain individuals on civil immigration warrants | Some sanctuary jurisdictions adopt policies that restrict the ability of local police to detain individuals on civil immigration warrants |
| Prohibiting agreements with Immigration and Customs Enforcement (ICE) to deputize local law enforcement officers to enforce federal immigration law | Sanctuary policies in some cities prohibit agreements with ICE to deputize local law enforcement officers to enforce federal immigration law |
| Preventing local governments from entering into contracts with the federal government to hold immigrants in detention | Some sanctuary policies prevent local governments from entering into contracts with the federal government to hold immigrants in detention |
| Preventing the establishment of immigration detention centers | Some sanctuary policies prevent the establishment of immigration detention centers |
| Restricting the sharing of information on immigrants with the federal government | Sanctuary policies in some cities restrict the sharing of certain information on immigrants with the federal government |
| Restricting local police responses to federal immigration detainers | Some sanctuary policies restrict local police responses to federal immigration detainers |
| Promoting trust and cooperation between local law enforcement and immigrant communities | Sanctuary policies aim to promote trust and cooperation between local law enforcement and communities with sizeable immigrant populations, regardless of immigration status |
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What You'll Learn
- Cities can refuse to cooperate with federal immigration enforcement
- Cities can prohibit police from questioning people about immigration status
- Cities can refuse to detain people beyond their release date
- Cities can restrict police responses to federal immigration detainers
- Cities can refuse to enter into contracts with the federal government to hold immigrants in detention
Cities can refuse to cooperate with federal immigration enforcement
Sanctuary cities are jurisdictions that limit or refuse cooperation with federal immigration enforcement. While there is no standard definition, the term generally refers to a city or county that limits its cooperation with national immigration authorities. Sanctuary cities do not actively prevent federal officials from carrying out their immigration enforcement duties, but they do refuse to help enforce federal immigration law.
Sanctuary policies are shaped by local political coalitions and demographic factors, rather than crime rates. Cities with larger immigrant populations are more likely to adopt sanctuary policies to promote public safety and trust within immigrant communities. These policies include offering English language classes, issuing municipal identification documents, and ensuring equal access to bail.
While the Department of Justice has challenged sanctuary jurisdictions, neither the Constitution nor federal statutes prohibit policies that limit cooperation with federal immigration enforcement. The Supreme Court has affirmed that states' police powers allow them broad discretion in setting law enforcement priorities and managing local affairs. This includes how local law enforcement prioritizes public safety and immigration enforcement.
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Cities can prohibit police from questioning people about immigration status
Sanctuary cities are jurisdictions that limit their cooperation with national immigration authorities. These policies are often shaped by local political coalitions and demographic factors. Cities with larger immigrant populations are more likely to adopt sanctuary policies to protect community trust, promote public safety, and manage local resources effectively.
One way cities can fight the sanctuary cities law is by prohibiting police from questioning people about their immigration status. This is a common policy among sanctuary cities, where police or city employees are restricted from asking about immigration status. This is based on the right to remain silent, where individuals are not required to disclose their immigration or citizenship status to authorities. This right extends to refusing to answer questions about one's place of birth, citizenship status, or manner of entry into the country.
In addition to prohibiting questioning, sanctuary cities may also refuse to honour immigration detainers, which are requests by federal authorities to hold individuals in criminal custody for potential deportation. Cities can adopt policies that limit their cooperation with these detainers, such as only honouring them for individuals convicted of serious or violent crimes.
Furthermore, cities can direct their law enforcement agencies to not cooperate with federal immigration enforcement. For example, the New Orleans Police Department implemented a policy of non-cooperation with federal immigration enforcement in 2016.
These policies do not mean that local law enforcement conceals or shelters undocumented immigrants from federal authorities. Sanctuary cities do not prevent federal officials from carrying out their immigration enforcement duties, including deportation. However, by limiting cooperation and questioning, sanctuary cities aim to foster trust within immigrant communities and promote public safety.
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Cities can refuse to detain people beyond their release date
Sanctuary cities are jurisdictions, often cities or counties, that limit their cooperation with national immigration authorities. The movement began in the early 1980s, with roots in religious philosophy and resistance to perceived state injustices. Sanctuary cities aim to foster trust within immigrant communities and promote public safety, particularly in areas with high immigrant populations.
One way that cities can fight the sanctuary cities law is by refusing to detain people beyond their release date. This means that if a person has been jailed for breaking a local law, the city can refuse requests by national immigration authorities to hold them any longer than their sentence. This policy can be set expressly in law (de jure) or observed in practice (de facto).
For example, in 2017, Illinois passed a law prohibiting state and local police from arresting anyone solely based on their immigration status or federal detainers. Similarly, Chicago has been a de jure sanctuary city since 2012, with an ordinance stating that police cannot arrest individuals solely based on their immigration status.
However, some states have pushed back against sanctuary cities. Texas, for instance, passed a law in 2017 banning sanctuary cities by charging officials who refuse to work with federal officials and allowing police officers to check the immigration status of those they detain. In 2018, the United States Court of Appeals for the Fifth Circuit found that this law did not violate the First Amendment.
Despite these challenges, many cities and states continue to adopt sanctuary policies to protect community trust and promote public safety. Sanctuary cities are a complex issue, balancing the interests of local communities with the enforcement of federal immigration laws.
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Cities can restrict police responses to federal immigration detainers
Sanctuary cities are jurisdictions that limit their cooperation with national immigration authorities. They are shaped by local political coalitions and demographic factors. Policies that restrict the ability of state and local police to make arrests for federal civil immigration violations, or to detain individuals on civil immigration warrants, are common in sanctuary cities.
One of the most common forms of sanctuary policy is a restriction on holding immigrants in state or local jails following an "immigration detainer" issued by ICE. An immigration detainer is a request from ICE that asks a federal, state, or local law enforcement agency to notify the agency as early as possible before releasing a removable alien, and to hold the individual for up to 48 hours beyond their release time so that ICE can assume custody.
Cities can fight the sanctuary cities law by restricting police responses to federal immigration detainers. For example, Chicago became a de jure sanctuary city in 2012 when Mayor Rahm Emanuel and the City Council passed the Welcoming City Ordinance. The ordinance protects residents' rights to access city services regardless of immigration status and states that Chicago police cannot arrest individuals based on immigration status alone.
Similarly, in 1985, Chicago Mayor Harold Washington issued an executive order prohibiting city employees from enforcing federal immigration laws. In 2017, Governor Jerry Brown also signed a bill that made California a "sanctuary state", prohibiting local and state agencies from cooperating with ICE regarding illegal immigrants who have committed misdemeanors.
Other ways cities can restrict police responses to federal immigration detainers include policies prohibiting “287(g)” agreements, which deputize local law enforcement officers to enforce federal immigration law; policies preventing local governments from entering into contracts with the federal government to hold immigrants in detention; and policies restricting the sharing of certain information on immigrants with the federal government.
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Cities can refuse to enter into contracts with the federal government to hold immigrants in detention
Sanctuary cities are jurisdictions that limit their cooperation with national immigration authorities. While there is no standard definition of a sanctuary city, the term generally refers to policies that restrict the sharing of information with federal immigration law officers. Sanctuary cities are not about concealing or sheltering undocumented immigrants, but about fostering trust within immigrant communities so that individuals feel safer reporting crimes and accessing services.
Compliance with immigration detainers is voluntary, and the federal government cannot force local jurisdictions to honour detainers. Cities can refuse to enter into contracts with the federal government to hold immigrants in detention, and they can also refuse to allow ICE into local jails without a judicial warrant. Sanctuary policies can also include refusing requests by national immigration authorities to detain people beyond their release date if they were jailed for breaking local law.
Some states have tried to prohibit or limit immigration detention in their state. Sanctuary jurisdictions may have policies that direct local law enforcement to only honour detainers if the individual has committed a serious or violent crime. Cities can also prohibit their law enforcement from sharing information about undocumented community members with federal immigration law enforcement officers.
In fiscal year 2019, ICE had detention contracts or agreements with 233 facilities, 185 of which it used to hold detainees. ICE primarily uses intergovernmental service agreements (IGSAs) to acquire detention space, which offer benefits such as fewer requirements for documentation or competition. However, GAO's review of ICE's documentation found that many of these contracts and agreements lacked the necessary documentation and basis for ICE's decisions to enter into them.
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Frequently asked questions
A sanctuary city is a jurisdiction that limits its cooperation with national immigration authorities. There is no standard definition, but sanctuary cities generally adopt policies that promote trust and cooperation between local law enforcement and immigrant communities.
Sanctuary cities help foster trust within immigrant communities, allowing individuals to feel safer when reporting crimes and accessing services. They also help direct limited local resources towards supporting local communities.
Sanctuary city policies include prohibiting police or city employees from questioning people about their immigration status, refusing requests by national immigration authorities to detain individuals, and preventing local governments from entering into contracts with the federal government to hold immigrants in detention.
Sanctuary cities are not prohibited by the Constitution or any federal statute. While the Department of Justice has challenged sanctuary jurisdictions, courts have found that federal attempts to force local jurisdictions to perform immigration enforcement are likely unconstitutional.
Many cities across the United States have adopted sanctuary policies, including San Francisco, Chicago, Berkeley, and New York. California, Colorado, Illinois, Oregon, and Washington are also states that have implemented sanctuary policies.
