Sanctuary jurisdictions

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In general, the term sanctuary jurisdiction refers to a city, county, or state that has enacted policies that limit local officials' involvement in the enforcement of federal immigration law. While a jurisdiction may self-identify or be described by others as a sanctuary jurisdiction, the specific policies that prompt the designation are disputed and there is no official definition of the term in federal law. Examples of sanctuary policies include policies that bar local law enforcement officers from asking about immigration status or arresting individuals who violate federal immigration law.

See also:
Federal policy on sanctuary jurisdictions, 2017-2018
Sanctuary jurisdiction policies by state
Sanctuary policy preemption conflicts between the federal and local governments
HIGHLIGHTS
  • Ballotpedia’s August 2017 review of municipal immigration policies found that 32 cities among the nation’s 100 largest by population self-identified as sanctuary cities or maintained sanctuary policies.
  • Federal law prohibits states and localities from barring officials from sharing information about individuals' immigration status with federal authorities. Some sanctuary jurisdictions adopt policies barring local officials from asking about immigration status.
  • While the federal government is responsible for setting and enforcing most immigration policy, states may enact laws and policies that are indirectly related to immigration. According to the Congressional Research Service, the federal government cannot compel state and local authorities to enforce federal immigration law.

    • Definition

    A 2009 report by the Congressional Research Service (CRS) defined sanctuary cities as localities that "as a result of a state or local act, ordinance, policy, or fiscal constraints, place limits on their assistance to federal immigration authorities seeking to apprehend and remove unauthorized aliens."[1] A 2015 CRS report said, "Entities that have adopted such policies are sometimes referred to as 'sanctuary' jurisdictions, though there is not necessarily a consensus as to the meaning of this term."[2]

    Federal law prohibits states and localities from barring officials from sharing information about individuals' immigration status with federal authorities. Therefore, some sanctuary jurisdictions adopt policies barring local officials from asking about immigration status. Because officials bound by these policies do not collect immigration status information, they don't have any immigration status information to share with federal authorities. Examples of other sanctuary policies include barring local law enforcement officials from arresting individuals who violate federal immigration law and limiting other information shared with federal immigration authorities.[2]

    Ballotpedia regularly reviews the policies of the top 100 cities by population to determine which localities have sanctuary policies. Ballotpedia defines sanctuary jurisdictions as either (1) localities that self-identify as sanctuary jurisdictions or (2) cities and counties that decline detainer requests for non-capital offenses or provide public services without regard to immigration status.

    Legal authority

    While the federal government is responsible for setting and enforcing most immigration policy, states may enact laws and policies that are indirectly related to immigration. The Tenth Amendment to the United States Constitution reserves powers to the states that are not explicitly "delegated to the United States by the Constitution, nor prohibited by it to the States." According to the Congressional Research Service (CRS), this includes the powers of police and of "regulation of safety, health, welfare, and economic activity within the state’s jurisdiction."[2]

    States and localities have enacted measures addressing immigration policy, including sanctuary policies, under their powers of police. According to the CRS, the federal government cannot compel state and local authorities to enforce federal immigration law:[2]

    “ Under the federalist system, the states are understood to be sovereign entities distinct from the federal government, and Congress cannot muddy this distinction by commandeering the state political branches to perform functions on the federal government's behalf. The [Supreme] Court ruled [in Printz v. United States] that the constitutional prohibition on the federal government commandeering states to administer a federal regulatory program was 'categorical' in nature and, in addition to barring the commandeering of a state's legislature, also prevented Congress from 'conscripting the State's officers directly.'[3] ”
    —Congressional Research Service[2]

    However, the CRS report explains that not every requirement the federal government imposes on the states is a violation of anti-commandeering principles:

    “ A number of federal statutes provide that certain information collected by state entities must be reported to federal agencies. The [U.S. Supreme] Court in Printz [v. United States] expressly declined to consider whether these requirements were constitutionally impermissible. Moreover, the Court distinguished reporting requirements from the case before it, which involved 'the forced participation of the States ... in the actual administration of a federal program.'[3] ”
    —Congressional Research Service[2]

    The CRS also notes that Congress can make federal funding conditional on a state's or locality's adoption of certain policies:

    “ Conditioning the receipt of federal funding is generally permissible so long as the conditions 'bear some relationship to the purpose of the federal spending,' and the conditioned funds are not so substantial that the inducement to comply with federal preferences is 'so coercive as to pass the point at which "pressure turns into compulsion."'[3] ”
    —Congressional Research Service[2]


    One example of such conditional funding is the U.S. Department of Justice's Byrne criminal justice grant program. To receive a grant under this program, localities must allow local law enforcement to communicate with federal immigration officers. On July 25, 2017, the Justice Department announced two new conditions for funding under the Byrne program: localities must 1) honor requests by federal immigration officials for 48-hour notice of the release of certain detainees and 2) allow federal immigration officials to access local jails and prisons to interrogate prisoners. Several states sued the federal government following the release of the new conditions.[4]

    Status by city

    See also: Sanctuary policy preemption conflicts between the federal and local governments

    Ballotpedia classifies cities and counties that decline detainer requests for non-capital offenses or provide public services without regard to immigration status as sanctuary jurisdictions.

    As of August 2017, Ballotpedia identified 32 cities with sanctuary policies. At that time, 30 of the 32 cities identified as sanctuary jurisdictions had Democratic mayors. Of the eight cities without identifiable sanctuary policies, five had Democratic mayors and three had Republican mayors.

    Cities identified as sanctuary jurisdictions are categorized in two ways:

    • Does not accept all ICE detainer requests: Cities in this category do not accept ICE detainer requests for minor offenses or non-capital crimes.
    • Provides services regardless of immigration status: Cities in this category do not ask immigration status when providing public services or conducting police investigations. These cities are also unlikely to accept ICE detainer requests.

    The three tables below provide information on cities categorized as sanctuary and non-sanctuary jurisdictions, as well as cities without identifiable policies. To report an incorrect or updated status, please email us.

    Cities identified as sanctuary jurisdictions

    Cities identified as sanctuary jurisdictions (August 2017)
    City Mayor Does not accept detainer requests Service regardless of status
    Albuquerque, New Mexico[5] Richard Berry Republican Party
    {{{1}}}
    Anchorage, Alaska[6] Ethan Berkowitz Democratic Party
    {{{1}}}
    Austin, Texas[7] Stephen Adler Democratic Party
    {{{1}}}
    Birmingham, Alabama[8] William A. Bell Sr. Democratic Party
    {{{1}}}
    Boston, Massachusetts[9][10] Martin Walsh Democratic Party
    {{{1}}}
    Chicago, Illinois[11] Rahm Emanuel Democratic Party
    {{{1}}}
    Chula Vista, California[12] Mary Salas Democratic Party
    {{{1}}}
    Cincinnati, Ohio[13] John Cranley Democratic Party
    {{{1}}}
    Cleveland, Ohio[14][15] Frank Jackson Democratic Party
    {{{1}}}
    Columbus, Ohio[16] Andrew J. Ginther Democratic Party
    {{{1}}}
    Denver, Colorado[17] Michael B. Hancock Democratic Party
    {{{1}}}
    Fremont, California[18] Lily Mei Democratic Party
    {{{1}}}
    Jersey City, New Jersey[19] Steven Fulop Democratic Party
    {{{1}}}
    Long Beach, California[20] Robert Garcia Democratic Party
    {{{1}}}
    Los Angeles, California[21] Eric Garcetti Democratic Party
    {{{1}}}
    Minneapolis, Minnesota[22] Betsy Hodges Democratic Party
    {{{1}}}
    New Orleans, Louisiana[23] Mitch Landrieu Democratic Party
    {{{1}}}
    New York, New York[24] Bill de Blasio Democratic Party
    {{{1}}}
    Newark, New Jersey[25] Ras J. Baraka Democratic Party
    {{{1}}}
    Oakland, California[26] Elizabeth "Libby" Schaaf Democratic Party
    {{{1}}}
    Philadelphia, Pennsylvania[27] James Kenney Democratic Party
    {{{1}}}
    Portland, Oregon[28] Ted Wheeler Democratic Party
    {{{1}}}
    Sacramento, California[29] Darrell Steinberg Democratic Party
    {{{1}}}
    San Francisco, California[30] Edwin M. Lee Democratic Party
    {{{1}}}
    San Jose, California[26] Sam Liccardo Democratic Party
    {{{1}}}
    Santa Ana, California[31] Miguel Pulido Democratic Party
    {{{1}}}
    Seattle, Washington[32] Tim Burgess (interim) Democratic Party
    {{{1}}}
    St. Louis, Missouri[33] Lyda Krewson Democratic Party
    {{{1}}}
    St. Paul, Minnesota[22] Chris Coleman Democratic Party
    {{{1}}}
    Stockton, California[34] Michael Tubbs Democratic Party
    {{{1}}}
    Washington, D.C.[35] Muriel Bowser Democratic Party
    {{{1}}}
    Wichita, Kansas[36] Jeff Longwell Republican Party
    {{{1}}}


    Cities identified as non-sanctuary jurisdictions

    Cities identified as non-sanctuary jurisdictions (August 2017)
    City Mayor Description
    Anaheim, California Tom Tait Republican Party Cooperates with ICE investigations[37]
    Arlington, Texas Jeff Williams Independent Accepts ICE detainer requests[38]
    Atlanta, Georgia Kasim Reed Democratic Party State law prohibits non-compliance with ICE detainer requests[39]
    Aurora, Colorado Steve Hogan Republican Party Participates in state-level cooperation with ICE[40]
    Baltimore, Maryland Catherine Pugh Democratic Party City prisons controlled by state government, which cooperates with ICE[41]
    Boise, Idaho David Bieter Democratic Party Accepts ICE detainer requests[42]
    Buffalo, New York Byron Brown Democratic Party City subject to special federal immigration rules due to border proximity[43]
    Chandler, Arizona Jay Tibshraeny Republican Party Accepts ICE detainer requests[44]
    Charlotte, North Carolina Jennifer Roberts Democratic Party State law prohibits non-compliance with ICE detainer requests[45]
    Chesapeake, Virginia Alan P. Krasnoff Republican Party Cooperates with ICE investigations[46]
    Colorado Springs, Colorado John W. Suthers Republican Party Accepts ICE detainer requests[47]
    Corpus Christi, Texas Joe McComb Republican Party Accepts ICE detainer requests[38]
    Dallas, Texas Mike Rawlings Democratic Party Accepts ICE detainer requests[38]
    Detroit, Michigan Mike Duggan Democratic Party Accepts ICE detainer requests[48]
    Durham, North Carolina Bill Bell Democratic Party State law prohibits non-compliance with ICE detainer requests[45]
    El Paso, Texas Donald Margo Republican Party Accepts ICE detainer requests[38]
    Fort Wayne, Indiana Tom Henry Democratic Party State law prohibits non-compliance with ICE detainer requests[49]
    Fort Worth, Texas Betsy Price Republican Party Accepts ICE detainer requests[38]
    Fresno, California Lee Brand Republican Party Accepts ICE detainer requests[50]
    Garland, Texas Douglas Athas Republican Party Accepts ICE detainer requests[38]
    Gilbert, Arizona Jenn Daniels Republican Party Accepts ICE detainer requests[44]
    Glendale, Arizona Jerry Weiers Republican Party Accepts ICE detainer requests[44]
    Greensboro, North Carolina Nancy B. Vaughan Democratic Party State law prohibits non-compliance with ICE detainer requests[45]
    Hialeah, Florida Carlos Hernandez Republican Party Cooperates with ICE investigations[51]
    Honolulu, Hawaii Kirk Caldwell Democratic Party Accepts ICE detainer requests[52]
    Houston, Texas Sylvester Turner Democratic Party Accepts ICE detainer requests[38]
    Indianapolis, Indiana Joseph Hogsett Democratic Party State law prohibits non-compliance with ICE detainer requests[49]
    Irving, Texas Rick Stopfer Republican Party Accepts ICE detainer requests[38]
    Jacksonville, Florida Lenny Curry Republican Party Cooperates with ICE investigations[51]
    Laredo, Texas Pete Saenz Accepts ICE detainer requests[38]
    Las Vegas, Nevada Carolyn Goodman Independent Cooperates with ICE investigations[53]
    Lexington, Kentucky Jim Gray Democratic Party Accepts ICE detainer requests[54]
    Lincoln, Nebraska Chris Beutler Democratic Party Cooperates with ICE investigations[55]
    Louisville, Kentucky Greg Fischer Democratic Party Cooperates with ICE investigations[56]
    Lubbock, Texas Dan Pope Republican Party Accepts ICE detainer requests[38]
    Madison, Wisconsin Paul Soglin Democratic Party Cooperates with ICE investigations[57]
    Memphis, Tennessee Jim Strickland Democratic Party Cooperates with ICE investigations[58]
    Mesa, Arizona John Giles Republican Party Accepts ICE detainer requests[44]
    Miami, Florida Tomás Regalado Republican Party Accepts ICE detainer requests[59]
    Milwaukee, Wisconsin Tom Barrett Democratic Party Cooperates with ICE investigations[57]
    Nashville, Tennessee Megan Barry Democratic Party Accepts ICE detainer requests[60]
    North Las Vegas, Nevada John J. Lee Democratic Party Cooperates with ICE investigations[53]
    Oklahoma City, Oklahoma Mick Cornett Republican Party Accepts ICE detainer requests[61]
    Omaha, Nebraska Jean Stothert Republican Party Cooperates with ICE investigations[62]
    Orlando, Florida Buddy Dyer Democratic Party Cooperates with ICE investigations[51]
    Phoenix, Arizona Greg Stanton Democratic Party Accepts ICE detainer requests[44]
    Pittsburgh, Pennsylvania Bill Peduto Democratic Party Accepts ICE detainer requests[63]
    Plano, Texas Harry LaRosiliere Accepts ICE detainer requests[38]
    Raleigh, North Carolina Nancy McFarlane Democratic Party State law prohibits non-compliance with ICE detainer requests[45]
    Riverside, California Rusty Bailey Independent Cooperates with ICE investigations[64]
    San Antonio, Texas Ron Nirenberg Independent Accepts ICE detainer requests[38]
    San Diego, California Kevin Faulconer Republican Party Cooperates with ICE investigations[65]
    Scottsdale, Arizona Jim Lane Republican Party Accepts ICE detainer requests[44]
    St. Petersburg, Florida Rick Kriseman Democratic Party Cooperates with ICE investigations[66]
    Tampa, Florida Bob Buckhorn Democratic Party Cooperation with ICE investigations[66]
    Toledo, Ohio Paula Hicks-Hudson Democratic Party Cooperates with ICE investigations[67]
    Tucson, Arizona Jonathan Rothschild Democratic Party Accepts ICE detainer requests[44]
    Tulsa, Oklahoma G. T. Bynum Republican Party Accepts ICE detainer requests[61]
    Virginia Beach, Virginia Will Sessoms Republican Party Accepts ICE detainer requests[68]
    Winston-Salem, North Carolina Allen Joines Democratic Party State law prohibits non-compliance with ICE detainer requests[45]


    Cities without identifiable policies

    Cities without public sanctuary policies (August 2017)
    City Mayor
    Bakersfield, California Karen Goh Republican Party
    Baton Rouge, Louisiana Sharon Weston Broome Democratic Party
    Henderson, Nevada Debra March Democratic Party
    Irvine, California Donald P. Wagner Republican Party
    Kansas City, Missouri Sly James Democratic Party
    Norfolk, Virginia Kenneth Alexander Democratic Party
    Reno, Nevada Hillary Schieve Democratic Party
    San Bernardino, California Carey Davis Republican Party

    See also

    Footnotes

    1. ↑ Congressional Research Service, "'Sanctuary cities': Legal issues," accessed November 20, 2016
    2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 Congressional Research Service, "State and local "sanctuary" policies limiting participation in immigration enforcement," July 10, 2015
    3. ↑ 3.0 3.1 3.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    4. ↑ Los Angeles Times, "Trump administration toughens policy against sanctuary cities," July 25, 2017
    5. ↑ Albuquerque Journal, "Bill would make NM sanctuary state," January 24, 2017
    6. ↑ KTUU, "What Anchorage's sanctuary city status (or lack thereof) means for the community," February 19, 2017
    7. ↑ Fox 4, "Austin Police address immigration enforcement with community," February 6, 2017
    8. ↑ WBRC, "Birmingham City Council passes sanctuary city resolution," January 31, 2017
    9. ↑ Boston Magazine, "Boston, Somerville Mayors Defiant After Trump’s Sanctuary City Orders," January 25, 2017
    10. ↑ City of Boston, "An Ordinance Establishing a Boston Trust Act," accessed February 20, 2017
    11. ↑ Chicago Tribune, "As Trump signs immigration order, Emanuel vows Chicago will stay sanctuary city," January 25, 2017
    12. ↑ The Star News, "An offer of sanctuary, the welcome mat or neither," February 18, 2017
    13. ↑ Cincinnati.com, "Cincinnati now a 'sanctuary city.' What's that mean?" January 30, 2017
    14. ↑ Cleveland Patch, "Sanctuary Cities Losing Federal Funding, Cleveland May Be Impacted," January 25, 2017
    15. ↑ Cleveland Scene, "Actually, Cleveland Has Been a 'Sanctuary City' Since 1987 According to a City Council Resolution," February 10, 2017
    16. ↑ The Columbus Dispatch, "Columbus has traits of sanctuary city, but officially it's not," February 10, 2017
    17. ↑ The Denver Post, "Mayor Hancock says he welcomes 'sanctuary city' title if it means Denver supports immigrants and refugees," January 30, 2017
    18. ↑ East Bay Times, "Fremont declares itself a ‘sanctuary city’," March 15, 2017
    19. ↑ NJ.com, "Jersey City council unanimously supports sanctuary city order," February 8, 2017
    20. ↑ Press-Telegram, "Long Beach vows support for state bills that would make California a ‘sanctuary state,'" February 8, 2017
    21. ↑ Los Angeles Times, "L.A. leaders challenge legality of Trump's order to punish 'sanctuary cities,'" January 25, 2017
    22. ↑ 22.0 22.1 Pioneer Press, "‘Sanctuary cities:’ Six things you need to know," January 27, 2017
    23. ↑ The Times-Picayune, "As Trump threatens 'sanctuary' cities, New Orleans waits, uneasy," November 18, 2016
    24. ↑ Curbed New York, "As Trump threatens sanctuary cities, New York City could lose $7B in federal funds," January 25, 2017
    25. ↑ NJ.com, "Why these 5 N.J. 'sanctuary' communities could be targeted by Trump," January 29, 2017
    26. ↑ 26.0 26.1 CBS SF Bay Area, "Mayor: San Francisco Will Remain Sanctuary City," January 25, 2017
    27. ↑ ABC 6, "Philadelphia Mayor Jim Kenney Responds to President Donald Trump's sanctuary cities order," January 25, 2017
    28. ↑ KGW, "Mayor Wheeler: Portland 'will resist' after Trump's crackdown on sanctuary cities," January 25, 2017
    29. ↑ The Sacramento Bee, "California leaders push back against Trump, pledge to protect immigrant ‘sanctuaries,'" January 25, 2017
    30. ↑ The Los Angeles Times, "California 'sanctuary cities' vow to stand firm despite Trump threats of funding cutoff," January 25, 2017
    31. ↑ NBC 4, "Santa Ana Officially Voted a 'Sanctuary City,'" January 18, 2017
    32. ↑ The Seattle Times, "What does Trump’s action on sanctuary cities mean for Seattle? Here’s what we know," January 25, 2017
    33. ↑ The Washington Post, "Sanctuary cities do not experience an increase in crime," October 3, 2016
    34. ↑ The Record, "Stockton council resolution to affirm support of immigrants," February 20, 2017
    35. ↑ The Washington Post, "D.C., other ‘sanctuary cities’ defiant in the face of Trump’s threats," January 25, 2017
    36. ↑ KFDI, "Wichita watching for 'sanctuary city' actions," January 27, 2017
    37. ↑ Voice of OC, "Anaheim Leaders Criticized for Muddled Approach to Sanctuary City Issue," January 9, 2017
    38. ↑ 38.00 38.01 38.02 38.03 38.04 38.05 38.06 38.07 38.08 38.09 38.10 38.11 The Texas Tribune, "Austin Poised to Become First True "Sanctuary City" In Texas," August 31, 2016
    39. ↑ AJC.com, "Are there Sanctuary Cities in Georgia?" February 2, 2017
    40. ↑ Aurora Sentinel, "Sanctuary city? Aurora police chief says cops won’t go after illegal immigrants," November 16, 2016
    41. ↑ WBAL, "Mayor: Baltimore 'welcoming' city for immigrants, not 'sanctuary,'" January 25, 2017
    42. ↑ Boise Weekly, "ICE Had 89 Ada County Inmates Detained in 2016," February 15, 2017
    43. ↑ The Buffalo News, "Mayor says Buffalo is not 'sanctuary city' for refugees," January 29, 2017
    44. ↑ 44.0 44.1 44.2 44.3 44.4 44.5 44.6 The Arizona Republic, "'Sanctuary cities' site irks some officials in Arizona," October 12, 2015
    45. ↑ 45.0 45.1 45.2 45.3 45.4 The Charlotte Observer, "City attorney ‘doesn’t see how’ Charlotte could be called a sanctuary city," February 6, 2017
    46. ↑ WTKR, "Chesapeake City Council votes against specifying sanctuary city policies," May 9, 2017
    47. ↑ The Gazette, "Colorado Springs Police: Policy regarding immigrants here illegally will not change," November 17, 2016
    48. ↑ Detroit Free Press, "How will Trump's immigration order impact Detroit?" January 25, 2017
    49. ↑ 49.0 49.1 RTV 6 ABC, "In Indiana, no 'sanctuary cities' thanks to 2011 law," January 26, 2017
    50. ↑ Los Angeles Times, "Fresno mayor vows his town won't become 'sanctuary city,' bucking California trend," January 25, 2017
    51. ↑ 51.0 51.1 51.2 Politifact Florida, "Trump says Florida had five 'sanctuary cities' when Jeb Bush was governor," July 15, 2015
    52. ↑ Honolulu Civil Beat, "Should Hawaii Become A Sanctuary State?" February 6, 2017
    53. ↑ 53.0 53.1 LasVegasNow.com, "Mayor says Las Vegas isn't sanctuary city," January 26, 2017
    54. ↑ Lexington Herald Leader, "Is Lexington a sanctuary city? No," January 30, 2017
    55. ↑ Lincoln Journal Star, "Officials: Lincoln not a sanctuary city," February 18, 2017
    56. ↑ Courier-Journal, "Should Louisville be declared a sanctuary city?" January 30, 2017
    57. ↑ 57.0 57.1 Milwaukee Journal Sentinel, "Gov. Scott Walker to Wisconsin: No need to fine sanctuary cities," February 24, 2016
    58. ↑ The Tennesseean, "Lawmaker doesn't trust Nashville to enforce immigration laws," November 11, 2015
    59. ↑ The Washington Post, "As major ‘sanctuary cities’ resist Trump’s threats, Miami-Dade mayor says city will comply," January 27, 2017
    60. ↑ Fox 17, "Despite support for undocumented immigrants, Nashville not considered a Sanctuary City," January 25, 2017
    61. ↑ 61.0 61.1 Tulsa World, "No city in Oklahoma is considered a sanctuary for undocumented immigrants," January 27, 2017
    62. ↑ Omaha World-Herald, "Omaha, Lancaster County say they aren't 'sanctuary jurisdictions,' so Trump's executive orders on immigration won't cost them," January 26, 2017
    63. ↑ City & State Pennsylvania, "‘Sanctuary Cities‘ law could impact Pittsburgh, Allegheny County," November 10, 2016
    64. ↑ The Press Enterprise, "Riverside sanctuary city backers, foes to rally Tuesday," February 3, 2017
    65. ↑ The San Diego Union-Tribune, "San Diego a sanctuary city? Officials say no," August 5, 2015
    66. ↑ 66.0 66.1 Tampa Bay Times, "Trump's immigration order on sanctuary cities doesn't worry Tampa Bay officials," January 27, 2017
    67. ↑ 13 ABC, "Toledo a 'welcoming' city NOT a 'sanctuary' city," February 7, 2017
    68. ↑ The Virginian-Pilot, "Virginia Beach called weak on illegal immigration," July 19, 2015
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