Cecily Zamora
Sanctuary jurisdictions are state, city, county, or locality governments that have policies prohibiting or limiting local law enforcement from taking steps to facilitate deportations. They are also known to limit their cooperation with federal immigration authorities. While these jurisdictions are breaking federal law, they are not being defunded. This is because there is no single understanding of what is a sanctuary jurisdiction and the range of policies under that label is pretty wide. The Justice Department has flagged jurisdictions that potentially violate Section 1373, but has not provided a list of jurisdictions decidedly in violation of federal law.
| Characteristics | Values |
|---|---|
| Federal law consequences for obstructing federal immigration law | Serious |
| Sanctuary jurisdictions that forbid compliance with federal immigration law | Breaking the law |
| Sanctuary jurisdictions that forbid cooperation with federal officials | Breaking the law |
| Sanctuary jurisdictions requiring employees to violate federal immigration law | Prohibited |
| Justice Department's stance on sanctuary jurisdictions | Suing multiple jurisdictions |
| Justice Department's stance on Section 1373 | Jurisdictions must prove they are not violating it |
| No Bailout for Sanctuary Cities Act | Blocks federal funds for sanctuary jurisdictions |
| No Bailout for Sanctuary Cities Act impact | Healthcare, nutrition, and legal services programs |
| No single understanding of what is a sanctuary jurisdiction | Range of policies under the label |
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What You'll Learn
- The Justice Department has flagged jurisdictions that potentially violate Section 1373
- The No Bailout for Sanctuary Cities Act would block any federal funds intended for the benefit of undocumented immigrants
- Sanctuary jurisdictions are strictly prohibited from requiring their employees to violate federal immigration law
- Several jurisdictions have challenged the Justice Department in court, refusing to comply with Section 1373
- The range of policies under the label of sanctuary jurisdiction is pretty wide, and there is no single understanding of what it means
The Justice Department has flagged jurisdictions that potentially violate Section 1373
The Justice Department has flagged jurisdictions that "potentially violate" Section 1373. However, neither Daines' office nor the Justice Department provided a list of jurisdictions decidedly in violation of federal law. The term "sanctuary" is broadly applied to jurisdictions limiting their cooperation with federal immigration authorities. However, there is no single understanding of what constitutes a sanctuary jurisdiction, and the range of policies under that label is quite wide. For example, some sanctuary jurisdictions forbid compliance with federal immigration law and cooperation with the officials who enforce it, while others limit their provision of information to federal immigration enforcement about the citizenship or immigration status of someone in their custody.
The Justice Department is suing multiple jurisdictions because it contends that they are, in fact, in violation of federal statute. Several jurisdictions have challenged the department in court, particularly because the department threatens to withhold a law enforcement grant from jurisdictions that don't comply with Section 1373.
The No Bailout for Sanctuary Cities Act would block "any Federal funds that the sanctuary jurisdiction intends to use for the benefit" of the undocumented population. This could impact large categories of spending benefiting US citizens and undocumented people alike, including healthcare, nutrition, and legal services programs. Sanctuary jurisdictions are strictly prohibited from requiring their employees to violate federal immigration law, and they subject themselves and their subordinates to significant risk of criminal and civil liability by doing so.
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The No Bailout for Sanctuary Cities Act would block any federal funds intended for the benefit of undocumented immigrants
Sanctuary jurisdictions that forbid compliance with federal immigration law are breaking the law. However, there is no single understanding of what constitutes a sanctuary jurisdiction. The Justice Department has flagged jurisdictions that "potentially violate" Section 1373, but no list of jurisdictions decidedly in violation of federal law has been provided.
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Sanctuary jurisdictions are strictly prohibited from requiring their employees to violate federal immigration law
The No Bailout for Sanctuary Cities Act would block any federal funds that a sanctuary jurisdiction intends to use for the benefit of the undocumented population. The bill defines sanctuary jurisdictions as any state, city, county, or locality that has a policy prohibiting or limiting local law enforcement from taking steps to facilitate deportations. This includes jurisdictions that limit in any way their provision of information to federal immigration enforcement about the citizenship or immigration status of someone in their custody.
Several jurisdictions have challenged the department in court, particularly because the department threatens to withhold a law enforcement grant from jurisdictions that don't comply with Section 1373. The Justice Department is suing multiple jurisdictions because it is their contention that these jurisdictions are in violation of federal statute.
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Several jurisdictions have challenged the Justice Department in court, refusing to comply with Section 1373
Despite this, federal law does impose serious consequences for obstructing the execution of federal immigration law. Sanctuary jurisdictions that forbid compliance with federal immigration law and cooperation with the officials who enforce it are, therefore, breaking the law. Sanctuary jurisdictions are also strictly prohibited from requiring their employees to violate federal immigration law.
The No Bailout for Sanctuary Cities Act, for example, would block any federal funds that a sanctuary jurisdiction intends to use for the benefit of undocumented populations. This includes funding related to law enforcement, immigration, and other related areas. However, the breadth of this definition could impact large categories of spending benefiting both U.S. citizens and undocumented people, including healthcare, nutrition, and legal services programs.
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The range of policies under the label of sanctuary jurisdiction is pretty wide, and there is no single understanding of what it means
The term 'sanctuary jurisdiction' is applied to states, cities, counties, or localities that have policies prohibiting or limiting local law enforcement from taking steps to facilitate deportations. This includes jurisdictions that limit their provision of information to federal immigration enforcement about the citizenship or immigration status of someone in their custody, and those that decline to continue to hold people in jail longer than they would otherwise in response to a request from Immigration and Customs Enforcement (ICE).
However, the range of policies under the label of 'sanctuary jurisdiction' is pretty wide, and there is no single understanding of what it means. According to law professor Anil Kalhan, "To my knowledge, no state or local jurisdiction has in fact instituted policies that violate 8 USC 1373 or other federal laws".
Despite this, the Justice Department has flagged jurisdictions that "potentially violate" Section 1373, and the federal government is suing multiple jurisdictions on the grounds that they "are in fact in violation of the federal statute".
The No Bailout for Sanctuary Cities Act, unlike previous similar proposed legislation, would block any federal funds that a sanctuary jurisdiction intends to use for the benefit of the undocumented population. This could impact large categories of spending benefiting US citizens and undocumented people alike, including healthcare, nutrition, and legal services programs.
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Frequently asked questions
There is no single understanding of what is a sanctuary jurisdiction and the range of policies under that label is pretty wide.
A sanctuary jurisdiction is any state, city, county, or locality that has a policy prohibiting or limiting local law enforcement from taking steps to facilitate deportations.
They limit their cooperation with federal immigration authorities. This includes declining to continue to hold people in jail longer than they would otherwise in response to a request from Immigration and Customs Enforcement (ICE).
The Justice Department has flagged jurisdictions that "potentially violate" Section 1373. The No Bailout for Sanctuary Cities Act would block any federal funds that the sanctuary jurisdiction intends to use for the benefit of the undocumented population.
