Sanctuary city
Encyclopedia
Sanctuary city is a term given to a city in the United States
that follows certain practices that protect illegal immigrants. These practices can be by law (de jure) or they can be by habit (de facto). The term generally applies to cities that do not allow municipal funds or resources to be used to enforce federal immigration laws, usually by not allowing police or municipal employees to inquire about one's immigration status. The designation has no legal meaning.
Cities in the United States
began designating themselves as sanctuary cities during the 1980s. The policy was first initiated in 1979 in Los Angeles, to prevent police from inquiring about the immigration status of arrestees. The internal policy, "Special Order 40
," states: "Officers shall not initiate police action with the objective of discovering the alien status of a person. Officers shall not arrest nor book persons for violation of title 8, section 1325 of the United States Immigration code (Illegal Entry)." Some of the 31 American cities are Washington, D.C.
; New York City
(see also Illegal immigration in New York City
); Los Angeles
; Chicago
; San Francisco; Santa Ana
; San Diego; San Jose
; Salt Lake City; Dallas; Houston
; Austin
; Detroit; Jersey City; Minneapolis; Miami
; Denver; Baltimore; Seattle; Portland
; New Haven
; Somerville
, Cambridge
and Portland, Maine
. These cities have adopted "sanctuary" ordinances
banning city employees and police officers from asking people about their immigration status.
addressed the relationship between the federal government and local governments. Minor crimes, such as shoplifting, became grounds for possible deportation. Additionally, the legislation outlawed cities' bans against municipal workers' reporting persons' immigration status to federal authorities.
Section 287(g) makes it possible for state and local law enforcement personnel to enter into agreements with the federal government to be trained in immigration enforcement and, subsequent to such training, to enforce immigration law. However, it provides no general power for immigration enforcement by state and local authorities. This provision was implemented by local and state authorities in five states, California, Arizona, Alabama, Florida and North Carolina by the end of 2006. On June 16, 2007 the United States House of Representatives
passed an amendment to a Department of Homeland Security spending bill that would withhold federal emergency services funds from sanctuary cities. Congressman Tom Tancredo
(Republican-Colorado) was the sponsor of this amendment. 50 Democrats joined Republicans to support the amendment. The amendment would have to pass the United States Senate
to become effective.
In 2007, Republican representatives introduced legislation targeting sanctuary cities. Reps. Brian Bilbray
, R-Cal., Ginny Brown-Waite, R-Fla., Thelma Drake, R-Va., Jeff Miller, R-Fla., and Tom Tancredo, R-Colo introduced the bill. The legislation would make illegal immigrant status a felony
, instead of a civil offense. Also, the bill targets sanctuary cities by withholding up to 50 percent of Department of Homeland Security funds from the cities.
On September 5, 2007, Department of Homeland Security Secretary Michael Chertoff
told a House
committee that "I certainly wouldn't tolerate interference" by sanctuary cities that would block his "Basic Pilot Program" that requires employers to validate the legal status of their workers. "We're exploring our legal options. I intend to take as vigorous legal action as the law allows to prevent that from happening, prevent that kind of interference." On May 5, 2009, Georgia
Governor
Sonny Perdue
signed a bill into law that prohibited sanctuary city policies in the state of Georgia.
On June 5, 2009, the Tennessee
state House passed a bill banning the implementation of sanctuary city policies within the state of Tennessee.
A July 30, 2010, op-ed in the Wall Street Journal, written by the former general counsel of the U.S. Immigration and Naturalization Service, questioned the future of these havens in light of the federal court decision that on July 28 struck down key provisions of Arizona's immigration act (SB 1070). It stated, in part: "Judge Susan Bolton ... handed Arizona a significant victory against renegade localities seeking to undercut our nation's immigration laws."
In May 2010, the Texas State Legislature was working on a law to ban the practice.
In June 2011, Texas Governor Rick Perry proposed legislation to ban sanctuary cities, SB 9, to the Special Session agenda for the State Legislature. Public hearings on the sanctaury cities legislation were held before the Texas Senate Transportation and Homeland Security Committee on June 13, 2011.
ran on an anti-illegal immigration platform and specifically attacked sanctuary cities. Former Massachusetts governor Mitt Romney
accused former mayor Rudy Giuliani
of running New York City
as a sanctuary city. Giuliani's campaign responded saying that Romney ran a sanctuary Governor's mansion, and that New York City is not a "haven" for illegal immigrants. Tom Tancredo ended his campaign early after failing to receive any serious support. Romney fared little better, dropping out after the "Super Tuesday" primaries and endorsing front-runner John McCain.
After the murder of a restaurant waitress in Albuquerque
, New Mexico
, in late June 2009 that was suspected to be perpetrated by three illegal immigrants (one of whom was not deported despite being arrested for two prior DUI incidents), mayoral candidate Richard Berry decried the city's sanctuary city policy. He also vowed, if elected, to repeal the policy that has been continued by the incumbent mayor, Martin Chavez.
’s proposal to remove federal funding to sanctuary cities. 58% wanted the Justice Department to take actions against such cities.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
that follows certain practices that protect illegal immigrants. These practices can be by law (de jure) or they can be by habit (de facto). The term generally applies to cities that do not allow municipal funds or resources to be used to enforce federal immigration laws, usually by not allowing police or municipal employees to inquire about one's immigration status. The designation has no legal meaning.
History of sanctuary cities
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
began designating themselves as sanctuary cities during the 1980s. The policy was first initiated in 1979 in Los Angeles, to prevent police from inquiring about the immigration status of arrestees. The internal policy, "Special Order 40
Special Order 40
Special Order 40 is a police mandate implemented in 1979 by the Los Angeles Police Department , its Police Chief Daryl Gates and the Los Angeles City Council preventing LAPD officers from questioning people for the sole purpose of determining their immigration status...
," states: "Officers shall not initiate police action with the objective of discovering the alien status of a person. Officers shall not arrest nor book persons for violation of title 8, section 1325 of the United States Immigration code (Illegal Entry)." Some of the 31 American cities are Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
; New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
(see also Illegal immigration in New York City
Illegal immigration in New York City
An illegal immigrant refers to a foreign individual who either entered the country without official authorization from the United States Government or who entered the country with official authorization but then overstayed his or her temporary visa...
); Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
; Chicago
Chicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
; San Francisco; Santa Ana
Santa Ana, California
Santa Ana is the county seat and second most populous city in Orange County, California, and with a population of 324,528 at the 2010 census, Santa Ana is the 57th-most populous city in the United States....
; San Diego; San Jose
San Jose, California
San Jose is the third-largest city in California, the tenth-largest in the U.S., and the county seat of Santa Clara County which is located at the southern end of San Francisco Bay...
; Salt Lake City; Dallas; Houston
Houston, Texas
Houston is the fourth-largest city in the United States, and the largest city in the state of Texas. According to the 2010 U.S. Census, the city had a population of 2.1 million people within an area of . Houston is the seat of Harris County and the economic center of , which is the ...
; Austin
Austin, Texas
Austin is the capital city of the U.S. state of :Texas and the seat of Travis County. Located in Central Texas on the eastern edge of the American Southwest, it is the fourth-largest city in Texas and the 14th most populous city in the United States. It was the third-fastest-growing large city in...
; Detroit; Jersey City; Minneapolis; Miami
Miami, Florida
Miami is a city located on the Atlantic coast in southeastern Florida and the county seat of Miami-Dade County, the most populous county in Florida and the eighth-most populous county in the United States with a population of 2,500,625...
; Denver; Baltimore; Seattle; Portland
Portland, Oregon
Portland is a city located in the Pacific Northwest, near the confluence of the Willamette and Columbia rivers in the U.S. state of Oregon. As of the 2010 Census, it had a population of 583,776, making it the 29th most populous city in the United States...
; New Haven
New Haven, Connecticut
New Haven is the second-largest city in Connecticut and the sixth-largest in New England. According to the 2010 Census, New Haven's population increased by 5.0% between 2000 and 2010, a rate higher than that of the State of Connecticut, and higher than that of the state's five largest cities, and...
; Somerville
Somerville, Massachusetts
Somerville is a city in Middlesex County, Massachusetts, United States, located just north of Boston. As of the 2010 census, the city had a total population of 75,754 and was the most densely populated municipality in New England. It is also the 17th most densely populated incorporated place in...
, Cambridge
Cambridge, Massachusetts
Cambridge is a city in Middlesex County, Massachusetts, United States, in the Greater Boston area. It was named in honor of the University of Cambridge in England, an important center of the Puritan theology embraced by the town's founders. Cambridge is home to two of the world's most prominent...
and Portland, Maine
Portland, Maine
Portland is the largest city in Maine and is the county seat of Cumberland County. The 2010 city population was 66,194, growing 3 percent since the census of 2000...
. These cities have adopted "sanctuary" ordinances
Local ordinance
A local ordinance is a law usually found in a municipal code.-United States:In the United States, these laws are enforced locally in addition to state law and federal law.-Japan:...
banning city employees and police officers from asking people about their immigration status.
Political action
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996Illegal Immigration Reform and Immigrant Responsibility Act of 1996
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Division C of vastly changed the immigration laws of the United States.This act states that if an immigrant has been unlawfully present in the United States for 180 days but less than 365 days...
addressed the relationship between the federal government and local governments. Minor crimes, such as shoplifting, became grounds for possible deportation. Additionally, the legislation outlawed cities' bans against municipal workers' reporting persons' immigration status to federal authorities.
Section 287(g) makes it possible for state and local law enforcement personnel to enter into agreements with the federal government to be trained in immigration enforcement and, subsequent to such training, to enforce immigration law. However, it provides no general power for immigration enforcement by state and local authorities. This provision was implemented by local and state authorities in five states, California, Arizona, Alabama, Florida and North Carolina by the end of 2006. On June 16, 2007 the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
passed an amendment to a Department of Homeland Security spending bill that would withhold federal emergency services funds from sanctuary cities. Congressman Tom Tancredo
Tom Tancredo
Thomas Gerard "Tom" Tancredo is an American politician from Colorado, who represented the state's sixth congressional district in the United States House of Representatives from 1999 to 2009, as a Republican...
(Republican-Colorado) was the sponsor of this amendment. 50 Democrats joined Republicans to support the amendment. The amendment would have to pass the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
to become effective.
In 2007, Republican representatives introduced legislation targeting sanctuary cities. Reps. Brian Bilbray
Brian Bilbray
Brian Phillip Bilbray is the U.S. Representative for , serving since 2006, and previously for the 49th district from 1995 to 2001. He is a member of the Republican Party. Bilbray is Chairman of the House Immigration Reform Caucus and a member of the influential...
, R-Cal., Ginny Brown-Waite, R-Fla., Thelma Drake, R-Va., Jeff Miller, R-Fla., and Tom Tancredo, R-Colo introduced the bill. The legislation would make illegal immigrant status a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
, instead of a civil offense. Also, the bill targets sanctuary cities by withholding up to 50 percent of Department of Homeland Security funds from the cities.
On September 5, 2007, Department of Homeland Security Secretary Michael Chertoff
Michael Chertoff
Michael Chertoff was the second United States Secretary of Homeland Security under President George W. Bush and co-author of the USA PATRIOT Act. He previously served as a judge on the United States Court of Appeals for the Third Circuit, as a federal prosecutor, and as assistant U.S. Attorney...
told a House
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
committee that "I certainly wouldn't tolerate interference" by sanctuary cities that would block his "Basic Pilot Program" that requires employers to validate the legal status of their workers. "We're exploring our legal options. I intend to take as vigorous legal action as the law allows to prevent that from happening, prevent that kind of interference." On May 5, 2009, Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
Governor
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
Sonny Perdue
Sonny Perdue
George Ervin "Sonny" Perdue III, was the 81st Governor of Georgia. Upon his inauguration in January 2003, he became the first Republican governor of Georgia since Benjamin F. Conley served during Reconstruction in the 1870s....
signed a bill into law that prohibited sanctuary city policies in the state of Georgia.
On June 5, 2009, the Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
state House passed a bill banning the implementation of sanctuary city policies within the state of Tennessee.
A July 30, 2010, op-ed in the Wall Street Journal, written by the former general counsel of the U.S. Immigration and Naturalization Service, questioned the future of these havens in light of the federal court decision that on July 28 struck down key provisions of Arizona's immigration act (SB 1070). It stated, in part: "Judge Susan Bolton ... handed Arizona a significant victory against renegade localities seeking to undercut our nation's immigration laws."
In May 2010, the Texas State Legislature was working on a law to ban the practice.
In June 2011, Texas Governor Rick Perry proposed legislation to ban sanctuary cities, SB 9, to the Special Session agenda for the State Legislature. Public hearings on the sanctaury cities legislation were held before the Texas Senate Transportation and Homeland Security Committee on June 13, 2011.
Electoral politics
This issue entered presidential politics in the race for the Republican Party presidential nomination in 2008. Colorado Rep. Tom TancredoTom Tancredo
Thomas Gerard "Tom" Tancredo is an American politician from Colorado, who represented the state's sixth congressional district in the United States House of Representatives from 1999 to 2009, as a Republican...
ran on an anti-illegal immigration platform and specifically attacked sanctuary cities. Former Massachusetts governor Mitt Romney
Mitt Romney
Willard Mitt Romney is an American businessman and politician. He was the 70th Governor of Massachusetts from 2003 to 2007 and is a candidate for the 2012 Republican Party presidential nomination.The son of George W...
accused former mayor Rudy Giuliani
Rudy Giuliani
Rudolph William Louis "Rudy" Giuliani KBE is an American lawyer, businessman, and politician from New York. He served as Mayor of New York City from 1994 to 2001....
of running New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
as a sanctuary city. Giuliani's campaign responded saying that Romney ran a sanctuary Governor's mansion, and that New York City is not a "haven" for illegal immigrants. Tom Tancredo ended his campaign early after failing to receive any serious support. Romney fared little better, dropping out after the "Super Tuesday" primaries and endorsing front-runner John McCain.
After the murder of a restaurant waitress in Albuquerque
Albuquerque, New Mexico
Albuquerque is the largest city in the state of New Mexico, United States. It is the county seat of Bernalillo County and is situated in the central part of the state, straddling the Rio Grande. The city population was 545,852 as of the 2010 Census and ranks as the 32nd-largest city in the U.S. As...
, New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
, in late June 2009 that was suspected to be perpetrated by three illegal immigrants (one of whom was not deported despite being arrested for two prior DUI incidents), mayoral candidate Richard Berry decried the city's sanctuary city policy. He also vowed, if elected, to repeal the policy that has been continued by the incumbent mayor, Martin Chavez.
Public support
A 2011 poll found that 59% supported Rep. Lou BarlettaLou Barletta
Louis J. Barletta is the U.S. Representative for . He is a member of the Republican Party. He is the former Mayor of Hazleton, known for his vocal opposition to illegal immigration and his efforts to keep illegal immigrants out of the city.-Early life, education, and business career:Barletta was...
’s proposal to remove federal funding to sanctuary cities. 58% wanted the Justice Department to take actions against such cities.