FIRST ON FOX: A conservative legal group is putting “sanctuary” jurisdictions across the U.S. on notice ahead of an expected mass deportation by the incoming Trump administration.
America First Legal says it has notified nearly 250 officials in jurisdictions which limit or forbid local law enforcement cooperation with Immigration and Customs Enforcement (ICE) that there could be legal consequences for interfering with the feds or for concealing illegal immigrants.
President-elect Trump has promised to launch a “historic” deportation campaign when in office, and his transition team has already been making concrete steps towards that goal. America First Legal’s president is Stephen Miller, who will serve as deputy chief of staff for policy in the Trump White House.
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But a number of Democratic officials in states including in Arizona, Colorado, California and Massachusetts have said they will not cooperate with the operation. Trump’s border czar, Tom Homan, has hinted there could be legal consequences for those who get in the way of the operation.
Proponents of sanctuary policies argue that local jurisdictions cannot be compelled to assist the government, and that barring ICE cooperation encourages otherwise law-abiding illegal immigrants to work with police and report crimes, making the area safer. Opponents say that policies result in the release of otherwise-deportable criminals back onto the streets.
AFL’s notice letter to the 249 officials says that the federal government has ultimate authority over immigration, and points to clauses in federal law that prohibit state and local governments from restricting communications with DHS about immigration status, and that make concealing, harboring or shielding an illegal immigrant a federal crime.
The group argues that sanctuary policies can therefore lead to criminal liability, and that victims of illegal immigrant crime may be able to sue for damages.
“We have identified your jurisdiction as a sanctuary jurisdiction that is violating federal law. Such lawlessness subjects you and your subordinates to significant risk of criminal and civil liability. Accordingly, we are sending this letter to put you on notice of this risk and insist that you comply with our nation’s laws,” the letter says.
The group is also launching a new website that gives users a map of “sanctuary strongholds,” identifying jurisdictions with sanctuary policies and giving contact information for elected officials.
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The group also announced that it has also filed a petition with the DOJ’s Office of Violence Against Women to seek data on citizenship status and nationality information against those charged with a slew of crimes against women and children, including domestic violence, murder and child maltreatment. In addition, it is filing requests to officials, including mayors and governors, across the U.S. for information on organizations it believes are undermining federal immigration enforcement.
In a statement, America First Legal’s Senior Vice President Reed D. Rubenstein pointed to the recent arrest of an illegal immigrant in New York City in connection with the death of a woman who was set on fire and burned to death as “another reminder that open borders and sanctuary jurisdictions are sheer insanity.”
“The left-wing politicians who create and run them, and those who support them, put our citizens at risk, undermine our Constitution, and dangerously erode the rule of law. America First Legal will continue working tirelessly to protect our immigration laws and support the brave men and women who enforce them. Today’s actions are but a first step in our fight against sanctuary lawlessness,” Rubenstein said.
The new announcements shine a spotlight on what could be a fierce fight between the Trump administration, and its allies, and Democrats and left-wing activists over the deportation push and the extent to which it can be resisted at state and local level.
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Some have doubled down on their opposition, with the Boston City Council recently voting to limit ICE cooperation and to ban police from keeping migrants in custody for possible deportation unless there is a criminal warrant.
The resolution adopted by the council states that “proposals for mass deportations represent a direct attack on Boston’s immigrant families, and threaten to tear communities apart.”
Some Democratic officials, however, have indicated their willingness to work with the incoming administration. Homan met with New York City Mayor Eric Adams last week to discuss areas of potential cooperation, including the deportation of violent illegal immigrant criminals. Illinois Gov. J.B. Pritzker also said he wanted to see “violent criminals who are undocumented and convicted of violent crime” deported, and said he would welcome a meeting with Homan.
Fox News reported this month on new data provided to Congress that showed there are 1.4 million noncitizens who have deportation orders but are not currently in Immigration and Customs Enforcement (ICE) detention.
Adam Shaw is a politics reporter for Fox News Digital, primarily covering immigration and border security.
He can be reached at adam.shaw2@fox.com or on Twitter.
