There’s been a massive effort from popular vote loser, Donald Trump, and America’s most racist Keebler elf, Jeff Sessions, to demonize and twist sanctuary cities into lawless war zones where “bad hombres” run amok (that’s actually his cabinet, but that’s another story). The truth is that sanctuary city policies are locally decided actions that make cities safer, because local law enforcement agencies are able to build trust with undocumented immigrant residents. The result is a safer community. Of course, that goes against the entire smear campaign that Trump and Sessions have tried to set up. Here are some plain facts about what a sanctuary city is, courtesy a must-read explainer from immigrant rights group America’s Voice:
Sanctuary cities come into play when an undocumented immigrant comes into contact with the police. A very common occurrence of this happens on the road – someone is speeding, has a broken taillight, or has a broken license plate light, and is pulled over. If a person is undocumented, chances are they do not have a valid driver’s license – only twelve states and the District of Columbia allow immigrants to legally drive. Immigrants still have to get to work and school somehow – but being found without a valid driver’s license can get an individual arrested.
Other reasons immigrants (just like native-born Americans) come into contact with the police include an immigrant calling the police to their house (for example in the case of a domestic dispute), a car accident, drug usage, police checkpoints, so forth.
Once an immigrant is arrested, their information gets put into a federal database that is shared with Immigration and Customs Enforcement (ICE). ICE can then issue a hold, also called a detainer, asking the police to hold that person in custody until ICE can come pick that person up for immigration detention and eventual deportation.
Here’s where we get to important legal point #1: being undocumented is not a crime. It’s a civil violation. And according to due process, the police cannot detain anyone who hasn’t at least been suspected of a crime. If a police officer encounters someone walking down the street who turns out to be undocumented, they cannot arrest that person because that person has not committed a crime (ICE, however, can). Similarly, if the police arrest someone undocumented – for example, someone suspected of committing a crime, who is then cleared, they must let that person go. Important legal point #2: holding an immigrant past the point when they should be released, just so that ICE can pick them up, is unconstitutional. Multiple courts have said so, and immigrants can sue the police for unlawful holding.
Here we get back to the point of sanctuary cities: in a sanctuary city, the police will release an arrested immigrant after he’s been cleared of charges, posted bail, or completed jail time for whatever he was arrested for. A non-sanctuary city will hold that person until ICE can come pick them up – even though that extra holding is not constitutional.
Keep in mind that all of the above only applies if the undocumented person has not committed any serious crimes. If they have, the police can keep them in jail by filing charges. Or ICE can present the police with a warrant or other order from a judge, which will result in a hold until ICE can come by.
Let’s take “Alex”, someone who is in the US without papers (and who is not a DREAMer). One day, Alex gets pulled over the police because his taillight is broken. The police find out that he has no driver’s license. They take Alex and put him in jail overnight because of the driver’s license infraction; otherwise Alex has no criminal record whatsoever. While Alex is in jail, the police puts his information into the federal database shared with ICE, and ICE puts a hold / detainer on him.
Remember: Alex is in jail for a driver’s license infraction. He has not committed any other crimes. The fact that he is an undocumented immigrant is not a crime. Which means that the police can hold him for what he’s done — drive without a license. But holding him past the time when he should be released, just so that immigration agents can come pick him up, is unconstitutional.
If Alex doesn’t live in a so-called “sanctuary city”, the police might hold him for days or longer until immigration agents pick him up, which might put Alex on the path to deportation even though he’s done nothing besides drive without a license. Even though this is currently what many cities and counties do – even though this is what the Trump Administration wants cities and counties to do – it’s illegal because it robs immigrants like Alex of due process.
“If Alex does live in a sanctuary city,” the explainer goes on, “the police would recognize that Alex has not committed any serious crimes and release him (in this example) after his one night in jail. That’s what they’re supposed to do. That’s why some have suggested that we call sanctuary cities ‘constitutional cities’ instead.”
Many local law enforcement leaders have spoken out in support of these kinds of policies—even “the Fraternal Order of Police, a membership organization which endorsed Donald Trump in the 2016 election”—because they know their communities best, and they know the law. It saves localities resources and allows them to pursue people who actually do pose a danger to cities and neighborhoods. It just makes sense. Of course, Trump and Sessions think they know better:
It’s ironic and hypocritical for Republican lawmakers to demand the sanctuary cities and counties handle immigrants the way Trump wants cities and counties to handle them, because conservatives are supposed to be all about protecting local government from federal intrusion.
You’d think. Anyway, check out the rest of the America’s Voice “Immigration 101” must-read explainer here.
