Trump's New Executive Order Targets Sanctuary Jurisdictions

Trump Threatens Sanctuary Jurisdictions in New Order

Trump’s recent Executive Order (EO) doubles down on the false narrative that local officials of sanctuary jurisdictions are conspiring against the federal government by unlawfully harboring “illegal aliens” and actively violating, obstructing, or defying federal immigration laws and their enforcement (See caption for recent EO).

Within 30 days of the order, the Trump administration will produce a list of States and local jurisdictions that they deem to be sanctuary jurisdictions obstructing “the enforcement of Federal immigration laws.” These jurisdictions will be at risk for losing their federal funding and their local officials may face legal consequences.

The Trump administration has pledged to “pursue all necessary legal remedies and enforcement measures to end these violations and bring such jurisdictions into compliance” with US law and to stop the enforcement of unlawful “local laws, regulations, policies, and practices favoring aliens over any groups of American citizens.”

EO Pushes Misconceptions about Sanctuary Jurisdictions

This EO is especially problematic because “sanctuary jurisdictions” have no concrete legal definition. “Sanctuary jurisdictions” can refer to cities, counties or states that enact a wide range of policies to limit or define the extent to which local governments share information or law enforcement collaborates with federal immigration operations.

Sanctuary policies do not hide or necessarily protect undocumented noncitizens from ICE as the EO insinuates. ICE can still carry out their enforcement operations in sanctuary jurisdictions, but local officials are not obligated to collaborate directly with ICE. This is not in defiance of US law, but is a reflection of the division of federal and state powers.

As the ACLU’s Naureen Shah explains: “States and cities have the right to decide how best to use local resources, and they overwhelmingly agree that taxpayer dollars are better spent investing in programs that improve public safety and support our communities – not policies that tear them apart by deporting our immigrant neighbors and loved ones.”

EO Puts Local Officials and Communities at Risk

Trump’s new EO is not about ensuring compliance with the law, it is about enforcing his policies. The Trump administration’s ever-evolving and warped vision of what constitutes “compliance” with their policies only serves as an avenue to further target their critics.

The Trump administration is attempting to expand its power and coerce local officials to cooperate with their mass deportation efforts which threaten the fundamental human rights of citizens and noncitizens alike. 

Noncitizens in sanctuary jurisdictions are very much still at risk from ICE operations, and now entire communities are also threatened with the pulling of funding that could affect the availability of essential services.

This new EO will most likely be challenged after a federal judge blocked Trump’s attempt to withhold funds from 16 jurisdictions. However, while the courts battle Trump’s expansions of power, communities will be left in uncertainty and jeopardy.

While the Lemkin Institute continues to report on important immigration policy changes, we cannot offer individualized legal advice.

If you think you may be affected by policy changes, please contact an immigration lawyer.