Sanctuary city is a term that refers to cities in the United States that follow a range of laws, policies, or practices to shelter undocumented immigrants from deportation. Undocumented immigrants—also called unauthorized aliens or undocumented aliens—are noncitizens living in a country without proper entry documents, visas, or other legal documents. Many sanctuary cities limit their cooperation with federal immigration authorities or forbid local law enforcement officers from detaining persons based solely on immigration status. There is no legal definition of sanctuary city. In practice, the policies that define a sanctuary city can vary considerably from place to place.
The governments of many of the nation’s largest cities—including Boston, Chicago, Los Angeles, New Orleans, New York City, San Francisco, and Seattle—grant legal protections to residents regardless of immigration status. Such cities may prohibit local police and other law enforcement officials from arresting or prosecuting persons based solely on their immigration status or from detaining people for no other reason while investigating their immigration status. Given that most local jails are run by county—not city—authorities, some people use the broader terms sanctuary jurisdictions or sanctuary communities to include counties and states that follow similar policies.
Supporters of sanctuary cities say the cities enhance social cohesion (unity) by keeping families together. Many immigrant families are “mixed status,” consisting of a combination of citizens, permanent residents, and undocumented aliens. Since the adoption of the 14th Amendment in 1868, the U.S. Constitution has granted citizenship to anyone born on U.S. soil, regardless of the immigration status of the person’s parents. Supporters of sanctuary city policies say they build trust between immigrant communities and government authorities. Such policies encourage undocumented persons to report crimes to the police and participate in such public health programs as immunizations. Supporters also point to studies indicating that undocumented immigrants commit crimes at lower rates than native-born citizens.
Opponents of sanctuary cities argue that undocumented immigrants are already guilty of a civil crime—crossing illegally into the United States or overstaying an expired visa. Opponents believe that overlooking such a fact is contrary to the rule of law. Critics of sanctuary cities say the cities empower criminal gangs engaged in human trafficking and illegal drug distribution. Some opponents have compiled lists of crimes committed by undocumented aliens.
In 2016, Republican Donald J. Trump was elected president of the United States. Trump had vowed during his campaign to increase deportations of people living in the United States without legal immigration status. After Trump took office in 2017, his administration announced that cities could face a loss of federal funding if they maintain their sanctuary status. Federal judges, however, blocked several of Trump’s efforts to withhold funding to cities refusing to fully cooperate with immigration officials.
Also in 2017, the Texas legislature passed a law banning sanctuary cities. The law authorized penalties for local law enforcement personnel who refuse to cooperate with federal immigration authorities. California, however, advanced a law to make the entire state a sanctuary jurisdiction. Santa Ana, California, and some other cities have created new sanctuary legislation or strengthened existing sanctuary laws. In 2018, the U.S. Department of Justice, led by Attorney General Jeff Sessions, sued California to block the state’s sanctuary jurisdiction laws from taking effect. In 2020, a federal appeals court ruled that the Trump administration could withhold federal law enforcement grant funding from states and cities refusing to cooperate with immigration officials.
Democrat Joe Biden succeeded Trump as president in 2021. Biden ended Trump’s policy of penalizing sanctuary jurisdictions and withdrew sanctuary city lawsuits filed by the justice department during Trump’s administration.
