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Sanctuary Cities: What are they?

By Steve Salvi, Founder, OJJPAC.org

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 resident aliens and illegal aliens--so illegal aliens often benefit from taxpayer funded government services and programs 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 their sanctuary policies are in writing, often get the attention of the media, and subject to public records requests by citizens and the press.

Examples of a formal sanctuary policies

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 migrating to Maine seeking public benefits and valid Maine drivers licenses (which can be used to drive in other states). In 2008, Gavin Newsom, the mayor of San Francisco, publicized the city's sanctuary status in a press release for San Francisco's Sanctuary City Outreach Program. Since that time, the mayor has backtracked somewhat after news organizations began exposing how the city's sanctuary policy had protected illegal alien gang members that were committing serious crimes in San Francisco and elsewhere. In 2009, Newsome attempted to veto an ordinance passed by San Francisco's even more radical Board of Supervisors which prohibited illegal aliens charged with crimes from being detained by the Department of Homeland Security (DHS). In Katy, TX, publicity about re-offending illegal aliens also put pressure on that city's administration to rethink it's sanctuary policy--at least for illegal aliens that commit felonies.

Informal sanctuary policies

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, and 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 likely an illegal aliens (or admits to being in the U.S. illegally) or do they release them without a call to ICE?

Statements and actions by public official can indicate a community's unwritten policy too. 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 in their community were subject to a raid and arrested by ICE? Does a city council adopt a resolution in opposition to the enforcement of U.S. immigration laws? These actions and statements 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.

Why do public officials create sanctuaries?

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 under existing federal law.

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.

The consequences of sanctuary policies/What you can do.

Sanctuary policies--official or otherwise, result in safe havens (or safer havens) for illegal aliens involved in a variety of criminal enterprises--since their illegal schemes are less likely to be uncovered and face less risk of deportation if caught by local law enforcement. Sanctuary policies also provide an environment helpful to terrorist cells--since their activities are less likely to be detected by law enforcement. To learn more about the consequences of sanctuary policies and lax immigration law enforcement, visit the Victims of Illegal Aliens Memorial and the OJJPAC homepage.

What can you do to help stop sanctuary policies? Get involved and 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.

Some local, county and state public officials have taken positive steps to combat illegal alien crime.

Some communities across the U.S. have taken positive steps to combat illegal alien crime (since the Obama administration has chosen to undermine enforcement of U.S. immigration laws). For example, after significant numbers of illegal aliens began to settle in Prince William County, VA, its Board of Supervisors passed a resolution on July 10, 2007 cracking down on illegal aliens. The county's law enforcement agents would now check immigration status of people detained for violating local or state laws if an officer had probable cause. Here is a February 25, 2008 police department news release: Police Department Implements New Illegal Immigration Enforcement Policy. After the enforcement policy was implemented, many illegal aliens moved out of the county, crime significantly dropped, and the quality of life for citizens improved.

Does your city, county, or state have a written or "unwritten" sanctuary policy? First, read the following disclaimer and then view the list of U.S. cities below. This article was last revised on 9-1-10.

List of U.S. 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. Adjacent dates represent when a city was added to the list, not necessarily 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 below. You are encouraged to perform additional research regarding the status of your own community. The presence of illegal aliens in a community does not necessarily indicate that a city supports illegal migration or is a "sanctuary city."

The sanctuary list is continuously updated. It was last updated on: 8-27-10

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.