‘Sanctuary Cities’ Get a Legal Definition

President Trump and Attorney General Jeff Sessions

President Trump and Attorney General Jeff Sessions Evan Vucci / AP Photo

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Dave Nyczepir By Dave Nyczepir,
News Editor
 

Connecting state and local government leaders

By Dave Nyczepir

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Why mayors might like the attorney general’s interpretation

U.S. Attorney General Jeff Sessions issued a memo Monday evening legally defining “sanctuary jurisdictions” narrowly as those which “willfully refuse to comply with 8 U.S.C. 1373,” for the purposes of enforcing President Trump’s immigration executive order.

That particular portion of the U.S. Code prohibits states and localities from preventing agencies or officials from sharing information with federal immigration enforcement regarding a person’s citizenship status.

New Orleans was one of nine cities warned by the U.S. Department of Justice last month that it could be in willful violation of the code, but as Route Fifty previously reported, Mayor Mitch Landrieu was “very surprised to receive that letter.” Suspects’ fingerprints are immediately passed along to Immigration & Customs Enforcement, he said.

In fact, most mayors insist they’re 1373 compliant—Austin Mayor Steve Adler even arguing failure to notify ICE of a suspect’s release, absent a warrant or detainer request, isn’t willful violation.

While Sessions will have a tough time labeling cities and counties sanctuaries given the new definition, he stressed DOJ’s “ability to point out ways that state and local jurisdictions are undermining our lawful system of immigration.”

Sessions also conceded that any federal grants withheld from sanctuary jurisdictions would be limited to those handled by DOJ or Homeland Security. Jurisdictions applying for such grants will have to certify 1373 compliance, a low bar.

Perhaps a portent of things to come, Sessions warned DOJ “may seek to tailor grants to promote a lawful system of immigration”—imposing additional conditions on grantees.

Dave Nyczepir is a News Editor at Government Executive’s Route Fifty and is based in Washington, D.C.

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