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Sanctuary Cities: What are they?

By Steve Salvi, Founder, OJJPAC.org

Despite a 1996 federal law [the Illegal Immigration Reform and Immigrant Responsibility Act ( IIRIRA )] that requires local governments to cooperate with Department of Homeland Security's Immigration and Customs Enforcement (ICE), many large urban cities (and some small) have adopted so-called "sanctuary" policies. Generally, sanctuary policies instruct city employees not to notify the federal government of the presence of illegal aliens living in their communities. The policies also end the distinction between legal resident aliens and illegal aliens--so illegal aliens often benefit from taxpayer funded government services and programs too.

A formal sanctuary policy is a written policy that may have been passed by a local government body in the form of a resolution, ordinance, or administrative action--general or special orders, or departmental policies. Formal sanctuary cities are the easiest to identify because their sanctuary policies are in writing, often get the attention of the media, and subject to public records requests by citizens and the press.

Examples of a formal sanctuary policies

The Governor of Maine instituted an Executive Order entitled "An Order Concerning Access to State Services By All Entitled Maine Residents," in 2004. The Order limits state employee ability to report the presence of illegal aliens, which some people claim has resulted in many illegal aliens migrating to Maine seeking public benefits and valid Maine drivers licenses (which can be used to drive in other states).

The Republican controlled Utah Legislature passed controversial bills in May 2011, which allow illegal aliens to live and work in Utah. Police also refrain from inquiring about anyone's legal status unless they are stopped or arrested for serious misdemeanors or felonies.

In 2008, Gavin Newsom, who served as mayor of San Francisco at the time, publicized the city's sanctuary status in a press release for San Francisco's Sanctuary City Outreach Program. Newsome later backtracked somewhat after news organizations began exposing how the city's sanctuary policy had protected illegal alien gang members that were committing serious crimes in San Francisco and elsewhere. In 2009, Newsome attempted to veto an ordinance passed by San Francisco's even more radical Board of Supervisors which prohibited illegal aliens charged with crimes from being detained by the Department of Homeland Security (DHS). Newsome now serves as California's Lt. Governor.

In Katy, Texas, publicity about re-offending illegal aliens also put pressure on that city's administration to rethink it's sanctuary policy--at least for illegal aliens that commit felonies.

Informal sanctuary policies

An informal sanctuary policy is an "unwritten" policy that is not formally documented on paper. None-the-less, this informal sanctuary policy was established and sanctioned by a local government authority and carried out by its public employees (administrative, service, and or safety). Informal sanctuary policies are more difficult to document since no public record exists. Informal sanctuary policy can however be evidenced in other ways.

A local government's (e.g., township, village, city, or county) interaction with illegal aliens can evidence an "unwritten" sanctuary policy. For example, does a police department contact ICE or release a suspect involved in a misdemeanor traffic stop after determining he or she is likely an illegal alien (or the alien admits to being in the U.S. illegally)?

Statements and actions by public official can indicate a community's unwritten policy too. Did a mayor of a town hire illegal alien day laborers for a city project? Does a mayor, city administrator, or other city official complain to the press that illegal aliens in their community should not be subject to raids or arrests by ICE? Does a city council adopt a resolution in opposition to the enforcement of U.S. immigration laws? These actions and statements are indicators that an informal (unwritten) sanctuary policy may exist in a community.

Why do public officials create sanctuaries?

One justification of creating sanctuary cities is often under the guise of protecting "immigrant rights." But illegal aliens are not immigrants -- immigrants come to the U.S. legally, and maintain their legal presence. When a person is illegally smuggled into the U.S. or violates their visa restrictions -- he/she is not an immigrant or visitor, but an unauthorized alien subject to deportation under existing federal law.

Another common argument public officials use to justify sanctuary policies is safety--framing them as an effective "community policing" policy tool. The argument goes as follows: Illegal aliens who are victims of crimes or are witnesses to crimes won't report them to police for fear of arrest and deportation. However, these political panderers ignore the fact that if the illegal aliens were removed from the U.S., they would not be here to become victims, and the predators would be out of the country too.

Why do public officials pass sanctuary laws or establish unwritten "don't ask--don't tell" policies? There are a variety of reasons. Some politicians attempt to appease illegal immigration support groups such as the National Council of La Raza (NCLR), Mexican American Legal Defense & Education Fund (MALDF), and League of United Latin American Citizens (LULAC), or other immigration activist groups that lobby local governments to implement formal or informal sanctuary policies. Other reasons include political contributions and ethnic voter support at election time; complacency, ignorance, or "don't care" attitudes; and purposeful resistance to existing U.S. immigration law based upon an open-border political philosophy that may serve their economic, political, or ethnocentric interests. A great number of politically appointed big city police chief's often support an administration's sanctuary policy because they share a similar political ideology or just want to keep their job. It's much easier too for city officials to collect their paychecks and avoid the political protests and threats of expensive lawsuits that routinely follow attempts by cities to stop illegal aliens from taking root in their communities.

The consequences of sanctuary policies. What you can do.

Sanctuary policies--official or otherwise, result in safe havens (or safer havens) for illegal aliens involved in a variety of criminal enterprises--since their illegal schemes are less likely to be uncovered and face less risk of deportation if caught by local law enforcement. Sanctuary policies also provide an environment helpful to Latin American drug cartels, gangs, and terrorist cells--since their activities are less likely to be detected and reported by law enforcement.

Some sanctuary cities (e.g., Chicago and San Francisco) even receive millions of dollars in federal State Criminal Alien Assistance Program grants to compensate for the cost of jailing illegal alien criminals--even though city sanctuary policies act to encourage illegal alien settlement.

The negative effects of Santa Clara County California's sanctuary policy has put its citizens at greater risk according to the county's District Attorney. District Attorney Jeffrey Rosen has proposed that the County Board of Supervisors vote to ease its law baring local law enforcement from cooperating with federal immigration law enforcement. Rosen gave an example of a woman who was raped by an illegal alien who had been shielded from from federal detention by the county's policy.

To learn more about the consequences of sanctuary policies and lax immigration law enforcement, visit the Victims of Illegal Aliens Memorial and the OJJPAC homepage.

What you can do to help stop sanctuary policies in your city and state.

What can you do to help stop sanctuary policies? Get involved and demand change! Call the President and your members of Congress (U.S. House and U.S. Senate) and ask for aggressive border and interior enforcement of U.S. immigration laws. At the state and local level, attend and testify at scheduled public meetings and determine what your community's policies are. If your local government or state has official or unofficial sanctuary policies, ask that they be repealed. Many state legislatures have either passed or are considering immigration enforcement legislation too, which you can support.

Some local, county and state public officials have taken positive steps to combat illegal alien crime.

Some communities have taken positive steps to combat illegal immigration to offset the Obama administration's foot-dragging and purposeful undermining of U.S. immigration law enforcement. For example, after significant numbers of illegal aliens began to settle in Prince William County, VA, its Board of Supervisors passed a resolution on July 10, 2007 cracking down on illegal aliens. The county's law enforcement agents would now check immigration status of people detained for violating local or state laws if an officer had probable cause. Here is a February 25, 2008 police department news release: Police Department Implements New Illegal Immigration Enforcement Policy. After the enforcement policy was implemented, many illegal aliens moved out of the county, crime significantly dropped, and citizens experienced an improved quality of life.

Some cities have passed resolutions declaring themselves not to be sanctuary cities. The City of Escondido, CA passed such a resolution in 2007 and defeated an attempt to have it repealed by a Hispanic council member in 2010. In May, 2010, The City of Costa Mesa, CA passed a "Rule of Law City" Resolution supported by Mayor Allan Mansoor. The resolution signaled the city's support for the rule of law and opposition to cities that violate federal law by creating sanctuaries for illegal aliens.

In response to the great number of illegal aliens entering Arizona via Mexico, the Arizona state legislature passed the Legal Arizona Workers Act in 2007, which allowed the state to sanction employers of illegal workers. In 2010, the State of Arizona also passed the Support Our Law Enforcement and Safe Neighborhoods Act, better known as SB 1070, which also had the purpose of addressing the problems associated with illegal migration in Arizona.

In May, 2011, Congressman Lou Barletta (PA-11), introduced H.R. 2057 Mobilizing Against Sanctuary Cities Act of 2011, a bill that prohibits sanctuary cities from receiving federal funds until the communities are in compliance with the IIRIR Act of 1996. Barletta, the former mayor of Hazleton Pennsylvania gained national attention in 2006 after working to pass two ordinances to combat escalating violence attributed to the growing illegal alien population in Hazleton.

The Missouri legislature acted to rein in sanctuary cities by amending Chapter 67of the Missouri Revised Statutes, enacting Section 67.307. The new Act prohibited municipalities from adopting sanctuary policies under the penalty of becoming ineligible for certain state funding.

The ordinances and state statutes that states and municipalities have passed have been subject to immediate legal challenges by either the Obama administration and or other so-called "immigrant rights groups." Opponents to the laws generally claim that the U.S. Constitution delegates all immigration powers to the federal government. Local and state officials argue that they can pass some laws that do not conflict with federal law. The U.S. Supreme Court has ruled that some aspects of these state statutes are constitutional. Much litigation still needs to work its way through the courts, which has likely had a chilling effect on attempts by other local and state governments to pass immigration enforcement legislation. However, if the U.S. Supreme Court releases a number of decisions favorable to state and local governments in the next year or two, a tsunami of carefully drafted model immigration enforcement bills will likely flood city halls and legislatures around the country.

Does your city, county, or state have a written or "unwritten" sanctuary policy? First, read the following disclaimer and then view the list of U.S. cities below. Note: This article was first written in 2006 by Steve Salvi, Founder, Ohio Jobs & Justice PAC and last revised on 9-29-14.

List of U.S. Sanctuary Cities*

*Note: Not all listings have been independently confirmed by OJJPAC. If you believe a city should not be listed, please send an email, and OJJPAC will make note of the dispute and attempt to verify. Adjacent dates represent when a city was added to the list, not necessarily when it became (or allegedly became) a sanctuary city. Other notations may indicate the source of information. Cities without a date were added prior to May, 2007. Some sanctuary cities may not have yet been identified and therefore not listed below. You are encouraged to perform additional research regarding the status of your own community. The presence of illegal aliens in a community does not necessarily indicate that a city supports illegal migration or is a "sanctuary city."

Oklahoma City is a sanctuary city de facto. Police officers have been told not to stop any Hispanic for minor traffic violations, because they have a good chance of being illegal and it is a waste of time. The City has not been enforcing City Code if the recipient of the code violation doesn't speak English. And is not attempting to enforce the single-family dwelling laws.

U.S. Congressman Barletta to introduce bill to address illegal alien sanctuary cities in U.S.

Left to right: Former Hazelton, PA Mayor and now Congressman Louis J. Barletta and Steve Salvi, Founder of Ohio Jobs & Justice PAC. (OJJPAC file photo)

Congressman Louis J. Barletta has introduced legislation to punish local governments that have instituted so-called illegal alien sanctuary policies.

Congressman Barletta is the former mayor of Hazleton, PA, where he gained his first-hand knowledge of the numerous problems that illegal migration brings to local communities.

While Barletta welcomes legal immigrants, as mayor of Hazelton, he witnessed the problems local communities face when illegal aliens settle in a community, including the strain on community social services, the displacement of American workers, and increased crime.

Read story here.

Sanctuary News:

San Francisco ignoring ICE detainers; won't turn over illegal aliens

Read story here.

Santa Fe City Council wants New Mexico to keep giving illegal aliens drivers licenses

The Santa Fe City Council plans to send a Resolution to the State of New Mexico requesting that the state keep registering drivers without asking for proof of legal residency or citizenship. New Mexico is one of a small number of states that still make it easy for illegal aliens to obtain drivers licenses. Read story here.

Note: Santa Fe was previously identified as a sanctuary city by the Congressional Research Service as the city is listed on OJJPAC.org list of sanctuary cities: Sanctuary Cities, USA List

Immigration scam in Maryland leads to arrests and reveals state's 'don't ask, don't tell' immigration status policy

Read story here.

San Francisco Sheriff Michael "sanctuary" Hennessey whines about California's participation in the Secure Communities program

Read story here

IOWA CITY, IOWA GOING ROGUE?

Iowa City council considering becoming Iowa's first Sanctuary for Illegal Aliens

Police Chief backing sanctuary policy

Read story here.

San Francisco's revised and extreme Sanctuary policy would shield Mexican illegal alien accused of double homicide

Mayor comes to his senses and has administration notify ICE about alleged killer

Read KCBS news radio story.

Aiding and abetting corner

Oakland, CA to issue municipal ID cards

Read story here.

Police must accept ID as valid--even though many illegal aliens with one or more alias' will likely obtain the ID's

Oberlin City Council Passes Illegal Alien Sanctuary Resolution

Oberlin, OH -- The Oberlin city council met last Tuesday to vote on the third reading of the amended version of its illegal alien "don't ask don't tell" sanctuary resolution. The controversial resolution which was first discussed by city council in December, was in response to last year's Immigration and Customs Enforcement raid on a local Mexican restaurant in which several illegal alien fugitives were captured.

Despite concerns that the resolution was unconstitutional, violated the civil rights of the city's employees, and would provide a safe haven for criminal aliens, the resolution easily passed in a 6-1 vote. The majority of council sided with the proponents of the proposal who argued that the immigration system is broken and that the sanctuary resolution is necessary for good for the community. Opponents argued that the system would work if existing laws were enforced, and the city of Oberlin has no right to violate federal law nor the rights of all Ohioans based on its perceived notion of an unjust law.

Over the past three city council meeting, supporters and opponents of the measure continued to trade charges and submit conflicting testimony. Now that the resolution has passed, opponents which include Ohio Jobs & Justice PAC, are considering challenging the city's action in court on the grounds that the resolution may violate federal law. The mayor of nearby Kipton, Ohio, is also planning additional action. The mayor is considering the adoption of anti-sanctuary legislation in Kipton and encourage other public officials to adopt similar anti-sanctuary resolutions in their communities. Members of the Rally Team, an anti-illegal immigration group in Painesville, will meet in February to discuss its response. Several of its members traveled to Oberlin each week to testify to its opposition to the resolution.

"The City of Oberlin has foolishly chosen arbitrary governance over the rule of law. It may find it necessary to defend itself in two courts -- a court of law and of public opinion."

- Steve Salvi, OJJPAC.org

Oberlin City Council seemingly ignores the U.S. Constitution, the Civil Rights of its City employees -- to provide a safe haven for illegal aliens

Oberlin, OH--The Oberlin City council voted 6-1 in favor of passage a city Resolution that would codify Oberlin's now de facto sanctuary policy, in direct conflict with federal law. To the City Council's credit, members listened to an equal number of supporters and opponents to the Resolution. Despite significant testimony against the measure from local residents, the City's chief of police, OJJPAC, and members of the Grassroots Rally Team, the council voted to approve the measure on its 1st reading. 1-20-09 Update: The resolution passed on its final reading. See updated story.

Oberlin City Council members

Steve Salvi, OJJPAC founder & members of the Grass Roots Rally Team and concerned citizens

The Shaw family promoting Jamal's Law, which would have changed law enforcement policy in Los Angeles County.

Shaw family files wrongful death lawsuit against Los Angeles County and Sheriff because of sanctuary policy

The parents of 17-year-old murder victim Jamel Shaw Jr. have filed a wrongful death lawsuit alleging that it was the county's illegal alien sanctuary policy which caused their son's murder in March, 2008.

The Shaw's claim that the county's sanctuary policy resulted in the sheriff's office negligently releasing Pedro Espinoza, a reported gang member and illegal alien one day before Espinoza allegedly shot Shaw, a Los Angeles High School student and football player. Read story here.

Jamal Shaw Jr.'s aunt meets with OJJPAC founder Steve Salvi to discuss her nephew's murder and Special Order 40.

U. S. citizen activists meet in the sanctuary city of Santa Maria, California to discuss the government's failure to secure the U.S. border and enforce immigration laws. Read local news story here.

Ethnocentric school district corruption chronicles:

Hayward Unified School District wants to create Sanctuary for Illegal Aliens after felony warrant arrest at school

City officials and law enforcement balk at the school's demands, one which would ban Immigration and Customs Enforcement (ICE) agents on school grounds in order to prevent further arrests of criminal aliens. Read an Oakland Tribune story here!

Arizona State Senator and local law enforcement officials demand end to illegal alien sanctuaries

(STATE CAPITOL, PHOENIX) � State Sen. Russell Pearce, R-Mesa, Sheriff Joe, Maricopa County Attorney Thomas, 8 other County Sheriffs, our law enforcement our Hometown Heroes, Maricopa County Republican Chairman, and other leaders today, stand in support of the demand to End to ALL Sanctuary policies in the State of Arizona.