Jeh Johnson’s recent remarks highlight a growing debate on how mass deportation strategies affect public safety and sanctuary cities.
At a Glance
- Sanctuary cities may face financial penalties if they do not comply with federal immigration law.
- Legal challenges argue against withholding funds from sanctuary jurisdictions, citing constitutional limits.
- The relationship between federal and local jurisdictions regarding immigration enforcement is complex.
- Former Secretary Jeh Johnson advocates for prioritizing threats to national security over mass deportation efforts.
Sanctuary Cities and Federal Funding
Sanctuary cities have become a focal point of contention as legislative proposals threaten to restrict federal funding should these cities neglect to work alongside federal immigration authorities. The Department of Justice mandates that jurisdictions applying for federal grants comply with immigration law, particularly regarding information about immigration status.
While the 1996 Illegal Immigration Reform and Immigrant Responsibility Act underscores the information-sharing obligations between states and federal agencies, numerous cities have adopted policies limiting their participation in immigration enforcement. This opposition stems partly from court rulings that view ICE detainers as voluntary rather than mandatory.
Spoke with Jeh Johnson, former secretary of the Department of Homeland Security, for this story:
“Saying ‘mass deportations’ is a bumper sticker, a rallying cry,” he told me. “It’s the equivalent in the level of seriousness with ‘Defund the Police.’”https://t.co/giG0lRbuAt
— Jack Herrera (@jherrerx) July 28, 2024
Legal Challenges and Constitutional Concerns
This legal landscape fosters challenges to attempts that would revoke federal resources from sanctuary cities. Such litigation highlights constitutional limitations, like the Tenth Amendment’s anti-commandeering principle, preventing the federal government from forcing states to carry out their programs.
“This idea that ICE can be your local law enforcement butts up against constitutional issues.” – Sundrop Carter
Efforts to enforce strict immigration policies have prompted sanctuary cities to reassess their strategies, notably following high-profile incidents such as Ernesto Galarza’s case. A U.S. citizen wrongly detained by ICE, Galarza’s situation contributed significantly to the sanctuary city movement.
Policy Implications and Public Safety
Jeh Johnson, former Homeland Security Secretary, highlighted concerns that mass deportation could drive increased local support for sanctuary cities. Johnson emphasized targeting immigration enforcement on those posing real threats to public safety and national security instead of sweeping deportation policies.
“[W]hen I was Secretary of DHS, the way I approached this issue is, I could not ask a Border Patrol agent or an ICE enforcement agent to do something I wouldn’t do myself. And I could not pull a father away from a two-year-old U.S. citizen-born child, at the border, or someplace else. To me, that’s an inhumane policy. Again, the priorities need to be the criminals. The priorities need to be the public safety, national security threats. And there are enough of them in our jails today to keep ICE very, very busy. My concern, Pam, about mass deportation, this notion of mass deportation, it’s going to turbocharge the sanctuary city movement in big cities, such that local law enforcement will refuse to work with ICE in getting at the public safety threats.” – Jeh Johnson
With President Trump advocating mass deportation plans involving potential engagement with local law enforcement as immigration officers, the debate intensifies over the potential impacts of such actions. The contentious relationship between federal and local entities remains a complex issue, eliciting widespread criticism and presenting profound national implications.
Sources
1. Will “sanctuary cities” survive?
2. Sanctuary Cities and Immigration Detainers: A Primer
3. Jeh Johnson: Mass Deportation Will Cause Sanctuary Cities to Protect ‘Public Safety Threats’