What does it mean that the Department of Justice removes funds to “sanctuary cities” of migrants like New York?

New York – United States Attorney General Pam Bondithe allocation of funds from the Department of Justice for the so -called “Sanctuary Cities” or jurisdictions that are They resist cooperating with federal immigration authorities in the arrest and processing of undocumented.

Shortly after being sworn in charge by President Donald Trump, the official announced the signing of 14 memos among which is the aimed at authorities in cities that protect this population as New York; Los Angeles, California; Chicago, Illinois; Philadelphia, Pennsylvania, and Washington, DC

The document with “guidelines for sanctuary jurisdictions” Indicates that these demarcations should not receive subsidies administered by the Department of Justice if they do not collaborate with the federals.

“The department will exercise its own authority to impose any financing status that does not violate limitations constitutional or statutory ”, Read the document appointed “end the financing of sanctuary jurisdictions.”

“Federal laws provide for state and local jurisdictions ‘They cannot prohibit or in any way restrict, to any government entity or officer to send or receive (federal immigration officers) Information related to citizenship or immigration statuslegal or non -legal, from any individual, ”adds the memo.

The document indicates that the so -called sanctuary jurisdictions They include state or local jurisdictions that refuse to comply with title 8 of the United States Code or “immigration or nationality law.”

“Consisting with the legal and past practice authority, The department will require any jurisdiction to apply for certain subsidies to comply with title 8… Within a period of 30 days, the associated attorney general, in coordination with components that provide subsidies from the department, are going to Report the Attorney General to the subsidies to which this requirement applies. Additional, to the extent that it is compatible with the statutes, regulations and applicable terms, The department could seek to adjust future grants to promote a legal migration systemand to reduce efforts from state or local jurisdictions to undermine a legal migration system, ”the text details.

Limitation of funds for organizations that provide services to migrants

On the other hand, Justice requested Identify and evaluate all financing agreements with non -governmental organizations that provide support for undocumented migrants.

“All components of the department that provide federal financing to non -governmental organizations must immediately identify all contracts, subsidies or other agreements with organizations that support or provide services to undocumented immigrants or in the process of removal,” establishes the Memo.

For these purposes, each component must pause the distribution of funds for 60 days after complying with any procedural notification and requirement, as well as identifying non -governmental organizations that receive funds and describe the services and support they provide.

Why exist the “sanctuary cities”

The sanctuaries were created in order to Protect the most vulnerable migrants and counteract excessive immigration policies of the federal government.

The rights defenders of this group consider that communities are much safer when migrants trust the local law and order authorities. According to this sector, cities become safer because Foreigners are more willing to collaborate with the Police to, for example, serve as witnesses and report crimes of different kinds, including cases of domestic violence.

Those who oppose policies, argue otherwise, because many of the people who protect the sanctuary cities do not legally reside in the country. Besides They argue that they encourage a greater arrival of undocumented to the United States.

It is possible to live in the US without authorization or legal status is not a criminal foul but civil.

In cases where migrants enter the border without inspection or try to enter the US after they have been deported, they do imply criminal crimes. In the first case, a minor and, in the second, serious.

How the “Sanctuary Cities” emerged

The establishment of sanctuary cities began in the 80s when approximately, 1 million Salvadorans and Guatemalans fled their countries For the Civil War and requested asylum in the US, according to an informative sheet of the National Conference of State Legislatures or NCSL.

At that time, then Republican President Ronald Reagan identified them as “economic migrants” and only granted asylum to a limited number of applicants. Organizations, particularly, religious, began a sanctuary mobilization to attend these newcomers with food, medical care, among other aid.

As for the concept translated into cities, the first to adopt the policies was Chicago in 1985. However, it was San Francisco, in California, in 1989, the first to promulgate policies in that directionthrough ordinance number 12 or the “city and shelter county” ordinance. The ordinance prohibits the use of funds or resources of the city to attend the reinforcement of migratory federal laws or collect information related to the immigration status of individuals in the city or the San Francisco County.

Currently, several counties also have sanctuary policies.

The constitutional limits

Being a sanctuary jurisdiction does not mean that local authorities do not deliver the undocumented federals who commit crimes, but that collaboration with the customs immigration and control service (ICE) is mainly based on whether an order of federal detention or if the person has been convicted of a serious crime.

Under the Constitution of the United States, the responsibility of formulating and enforcing immigration policies corresponds to federal authorities.

In that sense and under the tenth amendment, states can refuse to help the agents of the Customs Immigration and Control Service (ICE), since they maintain authority within their own borders, points an analysis of Brennan Center for Justice.

However, according to the article, in practice, the opposite has also been given.

The Texas case is emblematic. Under the Headquarters of Greg Abbott, the State has implemented its own antimigative state laws. One is the SB4, which typifies as a crime that a person enters the State from a foreign nation by any non -legitimate way. The statute, signed by the Republican governor in December 2023, It allows local authorities to stop and imprison a person suspected of entering the US without authorization.

Authorities response in sanctuary cities

Following the most recent Memo of the Department of Justice, Several Jurisdictions Sanctuary reaffirmed their commitment to deal with the Trump administration provisions.

The Board of Supervisors of San Francisco, for example, unanimously approved a resolution in support of sanctuary policies as a symbolic form of rejection of the recent migratory executive orders.

In Los Angeles, Mayor Karen Bass said they will battle against any fund cuts from justice. “The city of Los Angeles complies with federal law and we will oppose any attempt to cut the funds that are critical for the public security of Los Angeles. Los Angeles is a proud city of their immigrants and we will continue to protect all the Angels, ”Bass said according to Telemundo.

The mayor of Chicago, Brandon Johnsonindicated through social network X, this Thursday, that The city will continue to be one that welcomes migrants.

“The Johnson administration is dedicated to security, to strong communities and investments in mental health, youth employment and affordable housing,” the municipal executive shared.

In response to the Federal Demand filed yesterday by the Department of Justice for hindering the work of federal immigration authorities in the city, Johnson said that Legal Department reviews the appeal.

“The safety of Chicago residents continues to be the main priority of the Johnson administration. Chicago will continue to protect and defend working people against attacks on our long -term values, ”said Johnson.

In the case of New York City, Mayor Eric Adams has been more open to yield to federal government pressures.

The Administration said it collaborates with ICE agents during specific operations throughout the city.

A new guide was circulated to municipal workers, which includes schools and shelter system, what they should do if ICE officials get to arrest and feel that their safety is at risk.

The document, which cite local media, indicates that, at any time that they feel that their safety or that of others is threatened, they must give the officers the information they are looking for and allow them access to the place to examine undocumented migrants.

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