“Sanctuary Cities,” The Good, The Bad, The Confusion
By John Rankin, North Carolina State University Class of 2016
Kathryn Steinle, 32, was shot and killed while walking on a San Francisco pier on July 1st, 2015. Juan Francisco Lopez-Sanchez, the alleged shooter, pleaded not guilty to first-degree murder. The murder of Steinle has sparked much controversy and debate among political leaders; this is due to the fact that Lopez-Sanchez is an undocumented immigrant who was released from prison after drug charges, but was not turned over to government officials. The City of San Francisco released Lopez-Sanchez, prior to the shooting, on the basis of their “sanctuary” policy.[1] National policy would have required the city to notify the government of his release, the government would have then held Lopez-Sanchez for a period of time following his release. In 1989, San Francisco created the City and County Refugee ordinance. This [ordinance] did not allow for city officials to assist federal immigration officials. [2]
San Francisco, along with hundreds of other American cities, is a “sanctuary city.”The term “sanctuary city” has no real legal meaning, but is often referred to as cities that will not use their own resources to enforce national immigration policies. One side says it is a way to enforce civil rights and instill trust within immigrant communities, while others claim it is a way to grant shelter for illegal immigrants. Sanctuary cities began in the 1980s when churches began sheltering immigrants fleeing from Central America during a time of great violence. [2] Today, sanctuary cities are found all over the United States. As previously stated, city officials argue that sanctuary cities receive more trust from immigrant communities, this in turn creates greater cooperation from these communities when combating crime. Some “sanctuary cities” put in place a “don’t ask, don’t tell” policy when it comes to undocumented immigrant status, others have actual ordinances in place which prohibit officials from asking immigration status. [3]
Many are calling for the U.S. Government to begin a reform of “sanctuary cities.” There are claims that sanctuary cities violate the Illegal Immigration and Immigrant Responsibility Act of 1996. [4] This law introduced stricter criminal penalties when violating illegal immigration policies, such as employment, smuggling and government aid to undocumented immigrants. The law also made it illegal for localities to restrict their officials from maintaining records that disclose a person’s immigration status. [5] Lamar Smith, who serves on the House Judiciary Committee and was the chief author of the 1996 immigration act claims that the Justice Department is wrong in saying that they will not pursue sanctuary cities. [4]
How much power does the United States Government have over these [sanctuary] cities? Jeh Johnson, Secretary for the Department of Homeland Security discussed the issue of the U.S. Government attempting to step in and control sanctuary cities. The first problem is that it could frustrate city officials and further complicate cooperation between the city government and federal government. [6]Cities have found ways around laws that require them to cooperate with the ICE. Federal law states that city officials may not withhold information about ones immigration status.By not allowing officials to ask the status of immigrants, the officials themselves are not withholding any information. [7]Johnson also pointed out that if the Government attempted to change certain ordinances, it could be in violation of the United States Constitution. [6] Cost is another factor playing into cities remaining “sanctuary cities.” The Miami-Dade County reported that it would cost the city more than $1 million to hold undocumented immigrants for the Immigration and Customs Enforcement agency. [8]
resources to pursue illegal immigrants. Some of these cities are classified through “de jure,” meaning the city has ordinances in place prohibiting cooperation with federal officials, other “de facto” in which the officials voluntarily create a “sanctuary city” through their actions. [3] Politicians, both left and right, are having trouble determining the legality of sanctuaries and the power the United States Government has to step in and reform these cities.
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[1] Chan, Melissa. “KathyrnSteinle, shot dead by felon in San Francisco, laid to rest at emotion funeral: ‘I just feel like she’s still here.’” Nydailynews.com. 10 July 2015. Web. 14 July 2015.
[2] Pearson, Michael. “What’s a ‘sanctuary City,’ and Why Should You Care?” Cnn.com. N.p., 8 July 2015. Web. 14 July 2015.
[3] Aspan, Moses. “List of sanctuary cities.” Aspanlaw.com. N.p. Web. 14 July 2015.
[4] Rowland, Kara. “Justice: Sanctuary cities safe from law.” Washingtontimes.com. N.p. 14 July 2010. Web. 14 July 2015.
[5] “Illegal Immigration Reform and Immigration and Responsibility Act.” Web. N.p. 14 July 2015.
[6] Dinan, Stephen. “Sanctuary cities beyond federal control, DHS Jeh Johnson admits.” Washingtontimes.com. N.p. 14 July 2015. Web. 14 July 2015.
[7] Baker, Sam. “Why it’s difficult to crackdown on ‘sanctuary cities’.” Nationaljournal.com. N.p. 13 July 2015. Web. 14 July 2015.
[8] Gomez, Alan. “Sanctuary cities not changing policies after San Francisco shooting.” Usatoday.com. N.p. 11 July 2015. Web. 14 July 2015.
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