“Sanctuary cities” are municipalities that limit their cooperation with federal immigration enforcement, often by declining to inform Immigration and Customs Enforcement (ICE) when undocumented immigrants are in local custody, even in criminal cases where the individual has not yet been convicted.
U.S. Attorney General Jeff Sessions recently announced that the federal government will begin withholding federal funding from jurisdictions that refuse to cooperate with federal immigration authorities. Citing existing federal law, Sessions stated that sanctuary cities put communities at risk by releasing individuals who may pose a public safety threat. He has vowed to enforce funding restrictions soon.
Major cities such as New York, Chicago, Los Angeles, and Dallas have maintained sanctuary policies, declining to honor ICE detainer requests in many cases.
Sanctuary jurisdictions argue that withholding federal funds is unconstitutional, and legal challenges are expected. One office within the Department of Justice is set to distribute over $4.1 billion in federal grants this fiscal year—funding that may be withheld from cities that refuse to comply with federal immigration policies.
Public debate over sanctuary cities has intensified following several high-profile incidents. In July 2015, a woman was fatally shot in San Francisco by an undocumented immigrant who had previously been deported and released by local authorities. More recently, a 14-year-old girl was reportedly assaulted in a high school bathroom by two individuals, at least one of whom is undocumented. These cases have brought renewed scrutiny to local policies on immigration enforcement.
In response to the growing controversy, the Trump administration has directed the Department of Homeland Security to publish a weekly list of all ICE detainer requests that are declined by local law enforcement agencies.
Here in Texas, the state House of Representatives has passed a bill that would allow local law enforcement to enforce federal immigration laws. The bill now moves to the Texas Senate for consideration.
We will continue to monitor developments in this area and provide updates as this legislation progresses.
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