The Truth About “Sanctuary” Policies
Sanctuary policies are followed by various jurisdictions, including towns and cities. They limit most forms of cooperation with federal immigration authorities. Such policies are explicitly forbidden under federal law (8 USC § 1373). They violate the supremacy clause of the United States Constitution (Article VI, Clause 2) and the 10th Amendment. They also undermine the rule of law by violating federal immigration policies. Noncompliant jurisdictions refuse to hand over criminal aliens to federal authorities for deportation. By releasing them, they are irresponsibly exposing their residents to potential harm.
American citizens have been killed by criminal illegal aliens who benefited from sanctuary policies. Illegal aliens themselves have sometimes been victimized. Sanctuary jurisdictions serve as an attractive magnet for illegal aliens, criminals among them in particular.
Some of these newly listed sanctuaries cities and counties are in states that prohibit sanctuary policies. These states include South Carolina, Indiana, Georgia, Idaho, Kansas, and North Carolina.
While Virginia, North Dakota, Nebraska, New York, and Minnesota have seen the most significant increases in sanctuary policies.
Since then, local authorities have released well over 10,000 criminal aliens back to the streets. These individuals were arrested for state and local crimes. Sanctuary policies allowed their release. This occurred despite ICE seeking custody with a detainer. A significant number have committed later crimes. For example, during a documented eight-month period in 2014-2015, about 1,800 of 8,000 criminal aliens were released by sanctuary jurisdictions. These individuals were rearrested. They were found to have committed 7,500 new crimes.
Sanctuary States
California, Colorado, Connecticut, and Delaware. Illinois, Massachusetts, Minnesota, and Maryland. New Jersey, New York, Oregon, and Rhode Island. Vermont, District of Columbia (DC), and Washington state.
The full list includes the District of Columbia plus more than 500 jurisdictions in total. Some of the states against sanctuary cities still have them. Some states are labeled as sanctuary jurisdictions at the state government level. Others have cities or counties on the list, but the states themselves are not labeled as sanctuary jurisdictions.
These states and cities are emerging as havens. They provide legal protections to shield health care providers, transgender people, and their supporters from lawsuits. These protections guard against criminal penalties levied by other states.
Sanctuary Cities and Counties in Non-Sanctuary states
Alaska: Anchorage
Georgia: Athens; Atlanta
Hawaii: City of Honolulu
Idaho: City of Boise
Michigan: Ann Arbor; East Lansing
Nebraska: Arthur County; Blaine County; Grant County; Greenley County; Hooker County; Howard County; Logan County; Loup County; McPherson County; Thomas County
Nevada: Las Vegas City
New Hampshire: Hanover; Lebanon
New Mexico: Albuquerque; Santa Fe
North Carolina: Buncombe County; Chatham County; Durham County; Orange County; Watauga County
North Dakota: Billings County; Golden Valley County; Grant County; Morton County; Ramsey County; Sioux County; Slope County
Ohio: Cincinnatti; Columbus
Pennsylvania: Lancaster, Lehigh County, Northampton County, Philadelphia.
Tennessee: Nashville
Virginia: Abingdon; Alexandria; Charlottesville; Duffield; Hampton; Lynchburg; Manassas; Martinsville; Newport News; Portsmouth City; Richmond; Tazewell; Virginia Beach
Wisconsin: Madison; Milwaukee
CALIFORNIA
California became a sanctuary state after Gov. Jerry Brown (D) signed Senate Bill 54, the California Values Act, in October 2017.
With almost 40 million residents, California is the most populous sanctuary state. At least 16 cities and/or counties in Southern California have expressed opposition to the state law.
COLORADO
In response to Colorado’s action, the Trump administration legally withheld some $2.7 million in formerly approved federal law enforcement grants.
In February legislators, tried to prevent Immigration and Customs Enforcement (ICE) officers from entering courthouses to make civil arrests.
Undocumented immigrants have the right to receive an education, access public benefits, receive a driver’s license, vote in local elections, receive protection from discrimination, and participate in jury duty. They are also eligible for in-state tuition and scholarships. Furthermore, courts have held that undocumented immigrants are protected from being detained solely based on their immigration status.
CONNECTICUT
The Nutmeg State became a sanctuary state when its legislature passed the Trust Act in 2013. Gov. Dannel Malloy (D) signed it into law.
The law prohibits state and local law enforcement from honoring ICE immigration detainees under most circumstances. Also given them the right to vote.
In Connecticut, undocumented immigrants have the right to access public schools, receive emergency medical care, and benefit from certain state-funded programs, such as the Temporary Family Assistance program. Furthermore, they are able to apply for drivers’ licenses and ID cards through the Department of Motor Vehicles. Finally, undocumented immigrants have the right to vote in municipal elections.
Delaware
Delaware became a sanctuary state in 2013. This occurred when its legislature passed the Trust Act. The Act prohibits state and local law enforcement from honoring ICE immigration detainers under most circumstances.
In September 2007, then-U.S. Sen. Joe Biden said he would not allow sanctuary cities to exist by ignoring federal law.
In Delaware, undocumented immigrants have the right to access public K-12 schools, emergency medical care, and social services. They have the right to an interpreter in any court proceeding involving them, as well as access to public libraries and parks. They also have the right to obtain a driver’s license. Additionally, Delaware has laws protecting immigrants from employment discrimination, regardless of their immigration status.
ILLINOIS
Illinois became a sanctuary state in 2017 when Gov. Bruce Rauner (R) signed the Illinois Trust Act. It is the sixth most populous state in the union, making it one of the largest sanctuary states.
In 2019, Gov. J.B. Pritzker (D) signed three bills expanding the sanctuary law. The bills together would ban alien detention centers and prohibit local law enforcement from cooperating with ICE.
Undocumented immigrants in Illinois have the right to obtain an education, receive medical care, and drive a car. Also access state public benefits and access the state court system. They also have the right to rent or purchase housing, obtain a library card, and open a bank account.
Maryland
Maryland has not officially become a sanctuary state. However, it has adopted various policies that protect undocumented immigrants.
In 2011 Maryland passed a “Dream Act” that gave In State College Tuition in Maryland to illegal immigrants. It was challenged in a referendum. It went on the ballot in the 2012 election. It passed in November of 2012.
In June of 2023, Democratic Gov. Wes Moore signed an executive order. This action made Maryland the 11th state, plus the District of Columbia, to declare itself a sanctuary.
Undocumented immigrants in Maryland have the right to access public education, a driver’s license, and emergency medical care. They are also able to open a bank account and obtain a taxpayer identification number. Additionally, they are protected from discrimination and exploitation, including workplace harassment, wage theft, and abuse. Finally, they are able to get limited public benefits such as food assistance and emergency medical care.
MASSACHUSETTS
In July 2017, Massachusetts’ Supreme Judicial Court issued a ruling in the Lunn v. Commonwealth case which effectively made it a sanctuary state.
The Bay State’s illegal alien population grew more than any other state’s from 2007 to 2017. This growth information is reported by the Pew Research Center.
The town of Cambridge took an additional step in 2020. It passed a law advising police not to arrest illegal aliens for driving without a license.
In Massachusetts, undocumented illegal immigrants may be eligible for Temporary Protected Status (TPS). The TPS program allows individuals from designated countries temporary conditions to live and work in the United States.
Minnesota
Minnesota has not officially become a sanctuary state yet, but there are ongoing legislative efforts to make it so. A bill called the North STAR Act aims to prevent local law enforcement from cooperating with federal immigration authorities. Governor Tim Walz has signed it to expand access to driver’s licenses for undocumented immigrants.
Minnesota might not have a bill stating they are a sanctuary state. But throughout the state, officials are told to ignore federal ICE agents and laws. In 2024, undocumented immigrants in Minnesota will be eligible for tuition-free public college.
NEW JERSEY
New Jersey became a sanctuary state on March 15, 2019. A November 29, 2018 directive issued by state Attorney General Gurbir Grewal (D) went into effect on that date.
This appears to be the first case of a state becoming a sanctuary for illegal aliens. This happened by the unilateral executive action of a non-elected official (Grewal was appointed by Democratic Governor Phil Murphy).
NEW YORK
The Empire State became an illegal alien sanctuary on September 15, 2017, executive order signed by Gov. Andrew Cuomo (D).
In November 2018, a New York state appeals court ruled. It determined that state and local law enforcement cannot honor ICE immigration detainees. New York began allowing illegal aliens to obtain driver’s licenses in 2019.
OREGON
Oregon’s sanctuary statute was enacted in July 1987, making it the first sanctuary state.
The law prohibits the use of public resources to arrest or detain illegal aliens whose only crime is violating U.S. immigration laws.
RHODE ISLAND
In 2014, Gov. Lincoln Chafee was elected as an Independent. He later switched to the Democratic Party. He directed the state’s executive agencies and its Department of Corrections. They were to stop honoring federal immigration detainees without a court order.
In 2017 and 2018, state lawmakers failed to pass a bill. The bill aimed to prevent ICE personnel and Customs and Border Patrol (CBP) from entering schools, hospitals, and courthouses. They required a judicial warrant for entry.
VERMONT
Vermont became an illegal alien sanctuary state in 2011 when Gov. Pete Shumlin (D) implemented a new policy. It was based on State Police Rules and Regulations VSP-DIR-301. The policy was prompted by the arrest of two Mexican nationals after being stopped for speeding.
In 2017, Gov. Phil Scott (R) signed Vermont Senate Bill 79. This bill expanded Vermont’s sanctuary policy to apply to local authorities. The 2011 policy applied only to the State Police.
WASHINGTON
Washington state has been an illegal alien sanctuary since Gov. Jay Inslee’s (D) February 2017 executive order, which applied to state agencies.
In February, the Trump administration took legal action against King County, Washington. They challenged its policy of preventing ICE from using its airports for deportation flights.
DISTRICT OF COLUMBIA
The nation’s capital is not a state. It first moved toward sanctuary status in 1984. This occurred when then-Mayor Marion Barry (D) issued a memo prohibiting D.C. officers and employees from asking anyone about their immigration status. A narrow exception only applies for determining eligibility for public benefits.
This was expanded by former Mayor Vince Gray (D) in 2011 and the DC Council in 2012.
In October 2019, the 2012 law was reviewed. It prohibits holding detained illegal aliens longer than citizens or legal immigrants. It also prevents notifying ICE.