State and Local Sanctuary Policies Limiting Participation in Immigration Enforcement

State and Local Sanctuary Policies Limiting Participation in Immigration Enforcement
Author: Congressional Research Service
Publisher: Createspace Independent Publishing Platform
Total Pages: 24
Release: 2017-04-06
Genre:
ISBN: 9781545196731

The federal government is vested with the exclusive power to create rules governing which aliens may enter the United States and which aliens may be removed. However, the impact of alien migration, whether lawful or unlawful, is arguably felt most directly in the communities where aliens reside. State and local responses to unlawfully present aliens within their jurisdictions have varied considerably, particularly as to the role that state and local police should play in enforcing federal immigration law. While some states and municipalities actively participate in or cooperate with federal immigration enforcement efforts, others have actively opposed federal immigration authorities' efforts to identify and remove certain unlawfully present aliens within their jurisdictions. Entities that have adopted such policies are sometimes referred to as "sanctuary" jurisdictions. There is no official, formal, or agreed-upon definition of what constitutes a "sanctuary" jurisdiction, and there has been debate as to whether the term applies to particular states and localities. Moreover, state and local jurisdictions might have varied reasons for opting not to cooperate with federal immigration enforcement efforts, including for reasons not necessarily motivated by disagreement with federal policies, such as concern about potential civil liability or the costs associated with assisting federal efforts. Having said that, traditional sanctuary policies are often described as falling under one of three categories. First, so-called "don't enforce" policies generally bar the state or local police from assisting federal immigration authorities. Second, "don't ask" policies generally bar certain state or local officials from inquiring into a person's immigration status. Third, "don't tell" policies typically restrict information sharing between state or local law enforcement and federal immigration authorities. This report provides examples of various state and local laws and policies that fall into one of these sanctuary categories. The report also discusses federal measures designed to counteract sanctuary policies. For instance, Section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) and Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) were enacted to curb state and local restrictions on information sharing with federal immigration authorities. Additionally, the report discusses legal issues relevant to sanctuary policies. In particular, the report examines the extent to which states, as sovereign entities, may decline to assist in federal immigration enforcement and the degree to which the federal government can stop state measures that undermine federal objectives in a manner that is consistent with the Supremacy Clause and the Tenth Amendment. Indeed, the federal government's power to regulate the immigration and status of aliens within the United States is substantial and exclusive. Under the doctrine of preemption, derived from the Supremacy Clause, Congress may invalidate or displace state laws pertaining to immigration. This action may be done expressly or impliedly, for instance, when federal regulation occupies an entire field or when state law interferes with a federal regulatory scheme. However, not every state or local law related to immigration is preempted by federal law, especially when the local law involves the police powers to promote public health, safety, and welfare reserved to the states via the Tenth Amendment. Further, the anti-commandeering principles derived from the Tenth Amendment prohibit the federal government from directing states and localities to implement a federal regulatory program, like immigration.

State and Local "sanctuary" Policies Limiting Participation in Immigration Enforcement

State and Local
Author: Michael John Garcia
Publisher:
Total Pages: 20
Release: 2015
Genre: Emigration and immigration law
ISBN:

While the power to prescribe rules as to which aliens may enter the United States and which aliens may be removed resides solely with the federal government, the impact of alien migration - whether lawful or unlawful - is arguably felt most directly in the communities where aliens settle. Although state and local restrictions on cooperation with federal immigration enforcement efforts have existed for decades, there has reportedly been an upswing in the adoption of these measures in recent years. Moreover, the nature of these restrictions has evolved over time, particularly in response to the development of new federal immigration enforcement initiatives like Secure Communities, which enable federal authorities to more easily identify removable aliens in state or local custody. Entities that have adopted such policies are sometimes referred to as 'sanctuary' jurisdictions, though there is not necessarily a consensus as to the meaning of this term or its application to a particular state or locality. This report discusses legal issues related to state and local measures that limit law enforcement cooperation with federal immigration authorities.

Trust in Immigration Enforcement

Trust in Immigration Enforcement
Author: Ming Hsu Chen
Publisher:
Total Pages: 45
Release: 2015
Genre:
ISBN:

The conventional wisdom, backed by legitimacy research, is that most people obey most of the laws, most of the time. This turns out to not be the case in a study of state-local participation in immigration law enforcement. Two enforcement programs involving the use of immigration detainers, a vehicle by which the federal government (through ICE) requests that local law enforcement agencies (LEAs) detain immigrants beyond their scheduled release upon suspicion that they are removable, demonstrate the breakdown of conventional wisdom. In the five years following initiation of the Secure Communities program, a significant and growing number of states and localities have declined to cooperate with federal immigration detainer requests or enacted sanctuary policies -- ultimately leading to the demise of the Secure Communities program and a reworking of federal-local partnerships in immigration enforcement through the Priority Enforcement program that replaced it in November 2014. The balance of crime control and community trust in immigration enforcement is being reset as the political pendulum swings as Congress considers legislative reforms to curb local resistance to detainers following the killing of Kathryn Steinle in July 2015.This Essay finds that state and local non-cooperation in immigration enforcement -- a timely example of uncooperative federalism -- is influenced by attitudes toward the legitimacy of executive action -- distinct from attitudes toward the law's legality, morality, or politics. Both cooperation and noncooperation contribute to a policymaking feedback loop in ways more complicated than existing theories of cooperative federalism and executive action presage.

States and Federal Immigration Law

States and Federal Immigration Law
Author: Elena Torres
Publisher: Nova Science Publishers
Total Pages: 0
Release: 2015-12
Genre: Emigration and immigration law
ISBN: 9781634839785

While the power to prescribe rules as to which aliens may enter the United States and which aliens may be removed resides solely with the federal government, the impact of alien migration -- whether lawful or unlawful -- is arguably felt most directly in the communities where aliens settle. State and local responses to unlawfully present aliens within their jurisdictions have varied considerably, particularly as to the role that state and local police should play in enforcing federal immigration law. Some states, cities, and other municipalities have sought to play an active role in immigration enforcement efforts. However, others have been unwilling to assist the federal government in enforcing measures that distinguish between residents with legal immigration status and those who lack authorisation under federal law to be present in the United States. In some circumstances, these jurisdictions have actively opposed federal immigration authorities' efforts to identify and remove certain unlawfully present aliens within their jurisdictions. This book discusses legal issues related to state and local measures that limit law enforcement cooperation with federal immigration authorities. It provides a brief overview of the constitutional principles informing the relationship between federal immigration authorities and state and local jurisdictions, including the federal government's power to preempt state and local activities under the Supremacy Clause, and the Tenth Amendment's proscription against Congress directly "commandeering" the states to administer a federally enacted regulatory scheme. It also discusses various types of measures adopted or considered by states and localities to limit their participation in federal immigration enforcement efforts; discusses the authority of state and local law enforcement to assist in the enforcement of federal immigration law through the investigation and arrest of persons believed to have violated such laws; and describes federal statutes.

Sanctuary Cities

Sanctuary Cities
Author: Loren Collingwood
Publisher: Oxford University Press
Total Pages: 221
Release: 2019-09-25
Genre: Political Science
ISBN: 0190937041

The accidental shooting of Kathryn Steinle in July of 2015 by an undocumented immigrant ignited a firestorm of controversy around sanctuary cities, which are municipalities where officials are prohibited from inquiring into the immigration status of residents. Some decline immigration detainer requests from U.S. Immigration and Customs Enforcement. While sanctuary cities have been in existence since the 1980s, the Steinle shooting and the presidency of Donald Trump have brought them renewed attention and raised a number of questions. How have these policies evolved since the 1980s and how has the media framed them? Do sanctuary policies "breed crime" as some have argued, or do they help to politically incorporate immigrant populations? What do Americans think about sanctuary cities, and have their attitudes changed in recent years? How are states addressing the conflict between sanctuary cities and the federal government? In one of the first comprehensive examinations of sanctuary cities, Loren Collingwood and Benjamin Gonzalez O'Brien show that sanctuary policies have no discernible effect on crime rates; rather, anti-sanctuary state laws may undercut communities' trust in law enforcement. Indeed, sanctuary policies do have the potential to better incorporate immigrant populations into the larger city, with both Latino police force representation and Latino voter turnout increasing as a result. Despite this, public opinion on sanctuary cities remains sharply divided and has become intensely partisanized. Looking at public opinion data, media coverage, and the evolution of sanctuary policies from the 1980s to 2010s, the authors show that conservatives have increasingly drawn on anecdotal evidence to link violent crime to the larger debate about undocumented immigration. This has, in turn, provided them an electoral advantage among conservative voters who often see undocumented immigrants as a threat and has led to a push for anti-sanctuary policies in conservative states that effectively preempt local initiatives aimed at immigrant incorporation. Ultimately, this book finds that sanctuary cities provide important protection for immigrants, helping them to become part of the social and political fabric of the United States, with no empirical support for the negative consequences conservatives and anti-immigrant activists so often claim.

Enforcing Immigration Law at the State and Local Levels

Enforcing Immigration Law at the State and Local Levels
Author: Jessica Saunders
Publisher: Rand Corporation
Total Pages: 16
Release: 2014-05-20
Genre: Law
ISBN: 0833052853

Almost 12 million out-of-status aliens currently reside in the United States, and it is estimated that it will take 15 years and more than $5 billion for the Department of Homeland Security's Immigration and Customs Enforcement to apprehend just the current backlog of absconders. One proposed solution to this enforcement problem is for federal agencies to partner with state and local law-enforcement agencies to apprehend and deport fugitive aliens. Currently, the federal government does not require state and local agencies to carry out specific immigration enforcement actions; however, comprehensive immigration reform may address this issue in the near future. Before such legislation is drafted and considered, it is important to understand all the potential impacts of a policy incorporating immigration enforcement by nonfederal entities. As there is very limited evidence about the effects of involving state and local law enforcement in immigration enforcement duties, the authors seek to clarify the needs and concerns of key stakeholders by describing variations in enforcement approaches and making their pros and cons more explicit. They also suggest areas for research to add empirical evidence to the largely anecdotal accounts that now characterize discussions of the involvement of state and local law enforcement in immigration enforcement efforts.

Sanctuary Cities

Sanctuary Cities
Author:
Publisher:
Total Pages: 0
Release: 2008
Genre:
ISBN:

Pursuant to § 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, P. L. 104-193) and § 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA, P. L. 104-208), states and localities may not limit their governmental entities or officers from maintaining records regarding a person's immigration status, or bar the exchange of such [...] At the other end of the spectrum, some jurisdictions have been unwilling to assist the federal government in enforcing measures that distinguish between legal and non-legal residents of the community. [...] Although this term is not defined by federal statute or regulation, it has been used by some in reference to "jurisdictions that may have state laws, local ordinances, or departmental policies limiting the role of local law enforcement agencies and officers in the enforcement of immigration laws."5 The very existence of "sanctuary cities" has been the subject of considerable controversy. [...] Opponents of sanctuary policies argue that they encourage illegal immigration and undermine federal enforcement efforts.7 Applicable Law The primary federal restrictions on state and local sanctuary policies are § 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, P. L. 104-193)8 and § 642 of the Illegal Immigration Reform and Immigrant Responsibility Act o [...] The mayor of the City of New York had issued an Executive Order prohibiting any city officer or employee, in most circumstances, from transmitting information regarding immigration status to federal immigration authorities.13 This Executive Order was in direct conflict with both PRWORA § 434 and IIRIRA § 642.14 The United States Court of Appeals for the Second Circuit held in New York v. United St.

Constructing Pro-immigrant Spaces

Constructing Pro-immigrant Spaces
Author: Wei-Ting Anne Tseng
Publisher:
Total Pages: 0
Release: 2022
Genre:
ISBN:

In the United States, sanctuary cities are generally defined as sub-federal jurisdictions that refrain from engaging in the enforcement of federal immigration law. Proponents defend sanctuary cities based on the claim that local participation in immigration enforcement compromises trust and cooperation between residents and local law enforcement agencies which is detrimental to public safety. Not surprisingly, many existing studies have treated “sanctuary city” as a binary independent variable tied to sub-federal involvement in immigration enforcement. These studies have no doubt been instrumental to advancing our knowledge of local responses to expanding and intensifying federal immigration enforcement. However, sociological insight into sanctuary cities is likely to benefit from broadening current perspectives and assessing the potential implications sanctuary city policies have for shaping local contexts of reception and facilitating immigrant integration. The emerging interest in the study of sanctuary cities among sociologists has seen very little intersection with relevant bodies of literature on contexts of reception, immigrant assimilation, and citizenship. This dissertation is an in-depth exploration of sanctuary city policies at the municipal level with attention to the intended outcomes associated with sanctuary cities as they pertain to not only public safety and crime, but also immigrant inclusion and participation in civic spaces. Specifically, this study is informed by comprehensive content analyses of legislative text, police documents, and news media from 1979 to 2019, covering 210 sanctuary cities across 41 states. A case study of Seattle is also conducted to provide a closer look at the meanings policy makers, civil servants, and service providers attach to the concept of “sanctuary.” Using 23 semi-structured in-depth interviews, the case study examines the processes by which employees of the City of Seattle and immigrant-serving non-profit organizations widen the boundaries of inclusion and participation for immigrants while simultaneously resisting and operating within the legal framework of hostile federal immigration laws. This dissertation builds upon current understandings of sanctuary cities and introduces new angles for theorizing and conceptualizing sanctuary cities as more than just a place-based designation. The content analyses highlight the different strategies cities adopt to dilute the reach of federal immigration enforcement and policing on vulnerable immigrant populations. While proponents and opponents of sanctuary cities tend to converge around narratives of public safety and crime, the findings from my dissertation suggest that there are additional considerations that inform the development and implementation of sanctuary city policies. Furthermore, policymakers and advocates in cities center decisions in response to federal immigration enforcement priorities around objectives that potentially shape immigrant experiences such as integration, civic engagement, and the practice of citizenship. Supplementary analyses conducted in Seattle provide support for recognizing sanctuary city policies as pro-immigrant policies that are intended to encourage immigrant participation and inclusion in civic spaces, in addition to building trust and cooperation between city officials and residents to promote public safety. Specifically, the Welcoming City resolution in Seattle is analyzed as a framework for developing pro-immigrant policies and practices that facilitate civic engagement, affirm membership, and enable immigrants to practice local citizenship in their daily lives.