Immigration Sanctuary Policy

Sanctuary Policy

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A sanctuary policy limits how much state and local police help the federal government enforce immigration law.

What it is

A sanctuary policy limits how much state and local police help enforce federal immigration law. "Sanctuary" isn't a formal legal word -- federal researchers note there is no legal definition of it. In practice, these rules do two main things: they limit sharing information with immigration agents, and they let local jails turn down "detainer" requests, which are requests from U.S. Immigration and Customs Enforcement (ICE) asking a jail to hold someone longer so ICE can pick them up. Courts have said these requests are voluntary, not orders. California's main example is SB 54, the California Values Act, passed in 2017. It says police cannot use their money or staff to arrest people just for immigration reasons, but it still lets police hand someone to ICE in some cases -- for example, people convicted of a serious or violent felony. What does the research show? One large study, published in the science journal PNAS, found that sanctuary policies reduce deportations without increasing crime: deportations fell by about a third, mostly among people without violent convictions, while deportations of people with violent convictions did not fall. Even so, advocates on each side still dispute the safety effects. The deeper fight is about values -- it pits local trust and states' rights against federal power and the rule of law.

How it works

The United States splits this work between levels of government: federal agencies like ICE enforce immigration law, while local police handle local crimes like theft and assault. Sanctuary policies try to keep these two jobs separate. A key tool is the "detainer": when someone is booked into a local jail, ICE can send one asking the jail to hold that person up to 48 hours after they'd otherwise go free, giving ICE time to take custody. The Congressional Research Service says this request is "permissive," meaning the jail can say yes or no, and courts have agreed detainers are not "compulsory commands." Why can a state refuse to help? The reason is a legal rule called "anti-commandeering," which comes from the Tenth Amendment: courts say Washington cannot force states to run federal programs, so it cannot make local police do federal immigration work. That is the legal backbone of sanctuary laws. But another federal law pushes the other way: 8 U.S.C. 1373 says states cannot stop their own officers from sharing someone's immigration status with ICE. That line is where many court fights happen. So people argue over two things. First is values: is refusing to help a fair use of states' rights, or is it blocking the law? Second is safety: does keeping police and ICE apart protect a community, or put it at risk? Notably, both sides say they protect public safety.

The debate — equal weight, both sides

The case for limiting cooperation (sanctuary policies)

Most often made by immigrant-rights groups, many big-city police chiefs, and the political left.

Good policing needs trust -- police solve crimes when victims and witnesses speak up. But many immigrants fear the police, worried that any contact could lead to deportation, so they stay quiet, and the people who hurt them are never caught. The Center for American Progress cites a warning about mixing local police with immigration work: it "would result in increased crime against immigrants and in the broader community, create a class of silent victims and eliminate the potential for assistance from immigrants in solving crimes." Supporters say the numbers back them up. One study in the American Sociological Review looked at Latino crime victims and found that in a sanctuary city, they were about 12% more likely to report a violent crime. A separate analysis from the Center for American Progress, drawing on data from Professor Tom Wong, found fewer crimes in sanctuary counties than in similar counties without the policy -- a gap of about 35.5 fewer crimes for every 10,000 people. There is a fairness point too: immigration is a federal job, and under anti-commandeering, Washington cannot force local police to do that job. So a city can put its police on local crimes like theft and assault instead -- supporters say that is a fair use of a state's own power.

The case for full cooperation with immigration enforcement

Most often made by immigration-enforcement advocates, many sheriffs, and the political right.

Immigration law is the law, and supporters of enforcement say it should apply everywhere. In their view, sanctuary policies let local officials block it on purpose -- conservative legal scholars call this "nullification," when a state tries to cancel a federal law it does not like. They point to 8 U.S.C. 1373, which supporters read as barring states from stopping their own officers from telling ICE when someone is set free. There is a safety case too. Sometimes a jail lets go of a person ICE wants instead of handing them over -- that person could have been deported, but instead goes free, and some, supporters warn, then commit new crimes. The Heritage Foundation argues that "when law enforcement at all levels works together, communities are safer, and criminal activity is significantly reduced." Supporters also worry about violent offenders. The Manhattan Institute says some sanctuary places "refuse to detain violent criminals until Immigration and Customs Enforcement (ICE) can arrange for their deportation," arguing it is safer to take custody inside a secure jail than to send officers to find someone later. In this view, everyone should follow one set of rules. When states ban local officers from telling ICE, these scholars write, "they are violating federal law: 8 U.S.C. Section 1373."

Sources

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