Four sanctuary cities in violation of federal law

Last week, four cities and one country were mentioned by The United States Department of Justice (DOJ) as potentially having policies in place that violate federal laws.  Four so-called “sanctuary cities”, referred to as such for providing a safe haven for undocumented immigrants, do not appear to comply with a federal law which states that local governments are not permitted to limit information sharing with immigration officials.

The DOJ noted that New Orleans, New York City, Philadelphia, Chicago, and Cook County have initially been determined to have local policies that violate federal law.  The department has allowed these cities about two weeks from the time of the announcement, or until October 27^th, to put forward evidence showing they are compliant.  The DOJ has threatened to take away federal funding for local law enforcement should these cities and the county be in violation of the federal statue calling for information to be shared with federal immigration officials, known as Section 1373.

Federal authorities versus local representatives

This has come about after the DOJ requested information of these jurisdictions earlier this year.  Details showing their compliance with Section 1373 were sought out in an effort to determine eligibility for federal grants.

Attorney General Jess Sessions stated that the cities in question seem to place the protection of “criminal aliens” above the protection of law-abiding citizens.  The Daily Mail has noted this ordeal sets the stage for a showdown with the Trump administration on one side and a group of Democratic mayors on the other.  Among them will be Bill de Blasio of New York City and Rahm Emanuel of Chicago, both known for being far left leaning.  Mitch Landrieu, mayor of New Orleans, along with the New Orleans superintendent of police, has stated that his city is in full compliance with federal law, although they refuse to be a “deportation force” for the government.

Cities allege their innocence

The clash comes in large part over the compliance of these jurisdictions with

U.S Immigration and Customs Enforcement (ICE) detainer requests.  These requests get sent to local law enforcement when ICE wants to detain people for 48 hours or more.  Some cities have said they only intend to honor detainers with criminal warrants attached to them.  This behavior would seem to agree with Presidential rhetoric regarding the matter, which has implied that stricter immigration standards are necessary measures to aid in the reduction of crime.  They added that complying with these requests is voluntary and does not constitute a breach of Section 1373.

In the month of August, the city of Chicago filed suit against the federal government in response to the threats to cut law enforcement funding.  A federal judge agreed with this perspective and ruled that the feds cannot deny public-safety grants.  The situation somewhat resembles recent events surrounding the presidential travel bans issued via executive orders in that the intentions of the presidential administration have been shot down by a federal judge.

For further information regarding sanctuary cities or any other issues surrounding immigration law, contact our office today.

 

Sources:

http://www.dailymail.co.uk/news/article-4974428/Attorney-General-says-four-sanctuary-cities-violating-law.html

http://www.orbachrosenberglaw.com/contact-us/