Understanding "Sanctuary Cities"

By Lasch, Christopher N.; Chan, R. Linus et al. | Boston College Law Review, January 1, 2018 | Go to article overview

Understanding "Sanctuary Cities"


Lasch, Christopher N., Chan, R. Linus, Eagly, Ingrid, V, Haynes, Dina Francesca, Lai, Annie, McCormick, Elizabeth M., Stumpf, Juliet P., Boston College Law Review


Introduction

On July 26, 2017, Donald Trump announced before a crowd in Youngstown, Ohio that his administration was "launching a nationwide crackdown on sanctuary cities."1 In so doing, he was fulfilling a campaign promise to "end" sanctuary cities and pressure them to abandon their sanctuary policies by threatening to withhold federal funding.2 Although President Trump's definition of "sanctuary jurisdictions" has been imprecise, he has generally used the term to refer to those local jurisdictions that choose not to cooperate with federal deportation efforts.3 Trump's aim was and continues to be to punish those localities that do not help carry out his plans for mass deportation.

This Article-which is a collaboration among law professors specializing in the intersection between immigration and criminal law and enforcement-engages the growing national debate on so-called "sanctuary cities."4 We sought one another out for this multi-author project in order to promote a deeper understanding of the struggle between restrictive federal immigration policymaking and local criminal justice priorities. In this Article, we analyze sanctuary policies that seek to disentangle federal immigration enforcement from local criminal justice systems.5 Our overarching goal is to understand what jurisdictions are doing vis-a-vis criminal justice disentanglement and the rationales that support such initiatives.

Our Article makes three primary contributions to the literature on sanctuary cities.6 First, we identify the elements of the enforcement apparatus the Trump administration is using to conduct mass deportations and attack sanctuary cities. Although the Obama administration deported large numbers of immigrants and significantly increased the use of immigration detention,7 it was eventually forced to adopt reforms that had the effect of reducing local law enforcement participation in federal immigration enforcement. These reforms are now being rolled back by a current administration that appears intent on setting new enforcement records,8 in large part by co-opting the bureaucracy of local criminal justice systems. These mechanisms include actions such as accessing local jails to arrest immigrants, asking local jurisdictions to hold immigrants for deportation purposes, and deputizing local police to enforce immigration law. Our overview reveals a key insight crucial to understanding the current sanctuary debate: The debate over sanctuary cities, although more pronounced in the age of Trump, has history and roots that extend further back in time to transformations in immigration and criminal justice policy dating to the 1980s. One cannot understand sanctuary cities without understanding this history.

Second, based on our analysis of ordinances and policies from jurisdictions around the country, we provide a current typology of five major categories of sanctuary policies that the immigration enforcement programs and initiatives just described have inspired. The five policy types that have been adopted by jurisdictions to resist entanglement of state and local law enforcement in federal immigration enforcement include: (1) barring investigation of civil and criminal immigration violations by local law enforcement, (2) limiting compliance with immigration detainers and immigration warrants, (3) refusing U.S. Immigration and Customs Enforcement ("ICE") access to local jails, (4) limiting local law enforcement's disclosure of sensitive information, and (5) precluding local participation in joint operations with federal immigration enforcement. Whereas some jurisdictions had these types of policies in place well before Trump was elected,9 many others adopted or reaffirmed such policies in the wake of the election. An important aspect of this component of our project is the compilation, in a public online library, of all the policies and laws that we considered in our re8 search.10 We recognize that the five types of measures we study complement other types of policies that localities may enact outside the criminal justice space to integrate immigrants into the broader social fabric of the community, such as policies that allow immigrants to receive in-state tuition or obtain driver's licenses. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

Understanding "Sanctuary Cities"
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.