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Sanctuary Cities: What are they?

By Steve Salvi (Last revised 12-21-08)

Despite a 1996 federal law [the Illegal Immigration Reform and Immigrant Responsibility Act ( IIRIRA )] that requires local governments to cooperate with Department of Homeland Security's Immigration and Customs Enforcement (ICE), many large urban cities (and some small) have adopted so-called "sanctuary policies." Generally, sanctuary policies instruct city employees not to notify the federal government of the presence of illegal aliens living in their communities. The policies also end the distinction between legal and illegal immigration--so illegal aliens often benefit from city services too.

A formal sanctuary policy is a written policy that may have been passed by a local government body in the form of a resolution, ordinance, or administrative action--general or special orders, or departmental policies. Formal sanctuary cities are the easiest to identify because they put their sanctuary policies in writing, which become subject to public records requests. The Governor of Maine instituted an Executive Order entitled "An Order Concerning Access to State Services By All Entitled Maine Residents," in 2004. The Order limits state employee ability to report the presence of illegal aliens, which some people claim has resulted in many illegal aliens coming to Maine seeking public benefits and valid Maine drivers licenses which can be used to drive in other states. Gavin Newsom, the mayor of San Francisco, California, is publicizing the fact that San Francisco is a sanctuary for illegal aliens. Here is Mayor Newsom's official April, 2008 press release for San Francisco's Sanctuary City Outreach Program. Since that time, the mayor has backtracked after news organizations began exposing how the city administration's policy has protected illegal aliens, including gang members, that were committing serious crimes in San Francisco and elsewhere. Publicity about re-offending illegal aliens in Katy, TX, has also put pressure on that city's administration to rethink it's sanctuary policy--at least for felons.

An informal sanctuary policy is a policy that does not exist on paper but none-the-less is carried out by government workers (administrative, service, or safety). An informal sanctuary policy is more difficult to document since no public record exists. A city with an informal sanctuary policy can however be evidenced in other ways.

A local government's (e.g., township, village, city, or county) interaction with illegal aliens can evidence an "unwritten" sanctuary policy. For example, does the police department contact ICE after determining that a driver involved in a misdemeanor traffic stop is an illegal alien or are they let go with no call to ICE?

Statements and actions by public official can indicate a community's unwritten policy. Did a mayor of a town hire illegal alien day laborers for a city project? Does a mayor, city administrator, or other city official complain to the press that illegal aliens were arrested by ICE? These statements and actions are indicators that an informal (unwritten) sanctuary policy may exist in a community. News reports can also shed light on a local government unwritten policies.

One justification of creating sanctuary cities is often under the guise of protecting "immigrant rights." But illegal aliens are not immigrants -- immigrants come to the US legally, and maintain their legal presence. When a person is illegally smuggled into the U.S. or violates their visa restrictions -- he/she is not an immigrant or visitor, but an illegal alien subject to deportation.

Why do public officials pass sanctuary laws or establish unwritten "don't ask--don't tell" policies? There are a variety of reasons. Some politicians attempt to appease illegal immigration support groups who lobby local governments to implement formal or informal sanctuary policies. Other reasons include political contributions and support at election time; complacency, ignorance, or "don't care" attitudes; and purposeful resistance to existing US immigration law based upon an open-border political philosophy that may serve their economic, political, or ethnocentric interests.

Sanctuary policies--official or otherwise, result in safe havens for illegal aliens and potential terrorists. Sanctuary policies allow criminal aliens to avoid deportation because they prevent local police from reporting alien criminals to ICE. To learn more about the consequence of sanctuary policies and lax enforcement visit the Victims of Illegal Aliens Memorial and the OJJPAC homepage.

What can you do to help stop sanctuary policies?--Demand change! Call the President and your members of Congress (U.S. House and U.S. Senate) and ask for aggressive interior enforcement of U.S. immigration laws. At the state and local level, attend scheduled public meetings and ask your public officials what your community's policies are in regards to illegal aliens. If your local government or state has official or unofficial sanctuary policies, ask that they be repealed or changed. Here is a story about what legislators in the state of Georgia are doing to oppose sanctuary cities in their state. Here is a link to Georgia Senate Bill 340 that addresses sanctuary cities in that state.

Does your city have a written or "unwritten" sanctuary policy? First, read the following disclaimer and then view the list below.

List of US Sanctuary Cities*

*Note: Not all listings have been independently confirmed by OJJPAC. If you believe a city should not be listed, please send an email, and OJJPAC will make note of the dispute and attempt to verify. Dates represent when a city was added to the list, not when it became or allegedly became a sanctuary city. Other notations may indicate the source of information. Cities without a date were added prior to May, 2007. Some sanctuary cities may not have yet been identified and therefore not listed here. You are encouraged to perform additional research regarding the status of your own city. The presence of illegal aliens in a city does not necessarily indicate that a city is a "sanctuary city."

List last updated: 12-21-08

Diamond Bar, CA (6/26/07 Disputed by city. Currently being researched to verify.)

Bridgeton, NJ (Added 6-3-07) [7-27-07 Disputed by a reputed farm worker advocate, see note below.]

San Antonio, TX [Note: The Sanctuary status of San Antonio is disputed, being researched.]

Watch List Cities Note: This is a new list started 8-14-07 and was updated on 10-22-08.