Report from NY, CA, OR, RI, WA, and DC Attorneys General Debunks Trump Administration Claims Against So-Called "Sanctuary" Jurisdictions
Report Brings Together Data, Legal Analysis, and Experience from Law Enforcement Across the U.S. to Set the Record Straight
In Response to Funding Threats and Inaccurate Statements by Trump Administration, AGs' Report Details How Localities Are Acting Lawfully
Attorney General Peter F. Kilmartin today released a new joint report debunking the Trump Administration's legal and public safety claims against cities and towns that choose to limit their participation in the most aggressive forms of federal immigration enforcement. As the joint report details, such localities are lawfully permitted to decline most forms of participation. Further, as crime statistics and testimonials from law enforcement officials across the country illustrate, by adopting such policies, such jurisdictions can often enhance public safety in their communities. Both conclusions stand in stark contrast to the repeated and unsubstantiated claims made by the Trump Administration against these localities.
"Setting the Record Straight on Local Involvement in Federal Civil Immigration Enforcement: The Facts and The Laws" responds to the Trump administration's threats of funding cuts, as well as its inaccurate statements regarding the involvement of state and local law enforcement agencies ("LEAs") in federal civil immigration enforcement.
"There has been a great deal of rhetoric on both sides of the aisle about the role of local law enforcement in enforcing federal immigration actions. This report is meant to highlight the role law enforcement can and does play in keeping our communities safe," said Attorney General Kilmartin. "In Rhode Island, the federal District Court has ruled that an ICE detainer is a request, not mandatory, and that it requires an official judicial warrant for the state to detain an individual on behalf of ICE. This is the law here in Rhode Island," said Attorney General Peter Kilmartin, whose office assisted in drafting the report.
"Our local law enforcement agencies know how to best protect their communities, and it is my belief that these decisions should be left to the local jurisdictions, without fear of retribution by the federal government, so long as they comply with federal law. And, as I have said many times before, no person should fear that coming forward if they are a victim or a witness to a crime will result in being deported. And, just the same, anyone who is in this country who commits a crime should be rightfully held accountable and not be allowed to stay in this country," added Kilmartin.
The report brings together extensive crime data, legal analysis, and testimony from law enforcement officials from around the country to address key issues, such as: 1. Why LEAs that elect to limit their involvement in civil immigration enforcement are acting lawfully and in fact potentially shielding their jurisdictions from legal liability. 2. How lawfully limiting LEA involvement in federal civil immigration functions often enhances public safety. 3. Why the ICE detainer reports issued to date were both flawed and inaccurate.
LEAs that Elect to Limit Their Involvement in Civil Immigration Enforcement Are Acting Lawfully and Potentially Protecting Themselves from Legal Liability
As detailed in today's report, LEAs that detain an individual pursuant only to an ICE detainer request (rather than a judicial warrant) risk violating the Fourth Amendment's prohibition on unreasonable searches and seizures, as well as similar provisions in state constitutions exposing those local governments to significant financial liability. As a result, the Trump Administration's threats against sanctuary jurisdictions force these state and local LEAs into an impossible position: continue their sanctuary policies and risk the loss of federal funds, or comply with all ICE detainer requests and risk costly judgments in civil suits. Recently published comments from local LEAs on this point include:
Pinellas County (FL) Sheriff Bob Gaultieri, who said: "We're not cooperating the way they want because the courts have told us that we cannot do what they are asking us to do. We have no jurisdiction."
King County (WA) Sheriff John Urquhart, who said: "They're [the federal government] trying to shame local jurisdictions for not doing what is illegal."
Providence, Rhode Island Public Safety Commissioner Steven M. Pare has expressed that it is counterproductive to require local police to enforce immigration law because it would destroy a fragile trust with the community and in particular, undocumented immigrants who fear reporting crimes. In an article published in the Providence Journal, Commissioner Pare explained "[w]e shouldn't be talking about sending police out to enforce these laws," but "we're not going to turn a blind eye to criminal behavior. If there are bad people," these individuals will be targeted for deportation.
Appropriately Limiting Voluntary LEA Involvement in Federal Civil Immigration Enforcement Can Often Promote Public Safety
The report also details how state and local governments and law enforcement that are closest to the communities they serve are best suited to assess the needs of those communities including how best to use their limited resources to ensure public safety. As the report details, a recent study showed that counties that limited LEA participation in civil immigration enforcement had lower crime rates and stronger economies than comparable counties.
The Law Enforcement Immigration Task Force, which brings together 60 sheriffs, police commissioners, and police chiefs from around the country, explained:
"Immigration enforcement on the state and local level diverts limited resources from public safety and undermines trust within immigrant communities. State and local law enforcement agencies face tight budgets and often do not have the capacity or resources to duplicate the federal government's work in enforcing federal immigration laws. Rather than apprehending and removing immigrants who have no criminal background or affiliation and are merely seeking to work or reunite with family, it is more important for state and local law enforcement to focus limited resources and funding on true threats to public safety and security."
As numerous law enforcement experts have noted, public safety depends upon building and preserving trust between law enforcement and the communities they serve. That's why many experienced sheriffs and police officers have repeatedly highlighted the fact that LEA involvement with federal immigration enforcement drives immigrants behind closed doors decreasing the likelihood that crimes will be reported, trials will go forward, and criminals will be prosecuted.
Santa Clara County (CA) Sheriff Laurie Smith cited in recently published remarks a specific example in which undocumented farmworkers came forward to provide information during a high-profile 2012 murder of a teenage girl: "Had they feared that my office would question their immigration status, or the status of their loved ones, it is very unlikely they would have come forward."
In recent months, LEAs have reported a drop in victims and witnesses' willingness to come forward. For example, Denver (CO) and El Paso County (TX) have reported that since President Trump's immigration executive order was issued, a number of domestic violence victims have declined to pursue charges against their abusers out of fear of deportation.
The report also highlights a number of cases in which the cooperation of undocumented victims and witnesses were crucial to arrests and successful prosecutions.
Finally, the report highlights the ways in which so-called "sanctuary" jurisdictions still take appropriate measures to ensure dangerous criminals are not returned to the community, through a variety of partnerships that exist between LEAs and the federal government.
The Federal Government's Declined Detainer Outcome Reports and Accompanying Statements Were Inaccurate, Incomplete, and Misleading
In early 2017, ICE began issuing "Declined Detainer Outcome Reports" as part of the federal government's efforts to pressure localities into complying with ICE detainer requests. ICE published three reports before they were temporarily suspended due to numerous inaccuracies reported by law enforcement across the United States.
Today's report details the significant inaccuracies and incomplete and misleading information included in these ICE detainer reports including multiple errors in the data itself.
Specifically, today's report points out that fewer than 15 percent of detainers targeted immigrants who were convicted of serious crimes, undermining the federal administration's argument that LEAs endanger public safety when they refuse to spend scare resources to detain each individual named in an ICE detainer request.