On April 28, the Trump Administration released an executive order (EO), titled "Protecting American Communities from Criminal Aliens," which explicitly targets "sanctuary" jurisdictions (states and localities) by requiring federal agencies to document those that are not complying with the Administration's immigration agenda. The EO and accompanying White House fact sheet assert the federal government's authority to police immigration.
There is no official definition of "sanctuary" jurisdiction, and the EO does not define one directly. Generally, "sanctuary" jurisdictions have been understood as states, counties, and cities that have adopted policies to limit their involvement in federal enforcement of immigration policies, such as through restricting sharing of information with immigration authorities.
Specifically, the EO directs:
- The Attorney General to work with the Secretary of the Department of Homeland Security (DHS) to publish a list of sanctuary jurisdictions in violation of federal immigration law by May 28. These jurisdictions will be notified of their status.
- Agency heads to work with the White House Office of Management and Budget to identify federal funding to sanctuary jurisdictions for potential suspension or termination. Jurisdictions that choose not to comply with federal law after being informed of their status may be subject to legal action or other enforcement measures.
- The Attorney General and DHS Secretary to develop policies and practices to ensure that "appropriate eligibility verification is conducted for individuals receiving Federal public benefits... from private entities in a sanctuary jurisdiction."
- Agency heads to "take appropriate action to stop the enforcement of State and local laws, regulations, policies, and practices favoring aliens over any group of American citizens that are unlawful, preempted by Federal law, or otherwise enforceable."
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