Sanctuary Cities and Policies: All You Need to Know

Communities in the United States have proclaimed sanctuary city status to combat anti-immigrant deportation and detention, among other things. One of the reasons why sanctuary cities, of which Illinois is among, is to promote the ideals of human rights. “These policies help to empower communities to grow with the help of immigrants while promoting separation of local and federal law,” says Immigration Attorney Mario Godoy.

Illinois, among other states in the US, pursue sanctuary city policies for various reasons, including human rights and community growth. This article provides a guide into what sanctuary cities are, why they exist, and what the policies entail.

Sanctuary Cities Are Communities That Discourage Law Enforcement from Exploiting Immigrants

Although not a legal term, the phrase “sanctuary city” reflects the response of the United States Immigration and Customs Enforcement policies and actions. Generally, it refers to a community where a policy, whether written or unwritten, discourages law enforcement from taking undue advantage of immigrants. For example, it prohibits law enforcement from reporting individuals’ immigration status unless they have committed a serious crime.

However, these sanctuary policies go beyond just the cities; entire states like Illinois have declared sanctuary status. Basically, being a sanctuary state means the state does not detain undocumented immigrants simply because ICE requested it. Also, it may mean refusal to deputize their local officers as federal agents to enable them to do the duties of ICE agents.

Apart from Illinois, other sanctuary states in the US include California, New Mexico, Vermont, Oregon, Colorado, Massachusetts, and Connecticut, among others. Moreover, some of these states designate counties to set policies prohibiting cooperation between local law and federal agents against undocumented immigrants.

The Goal of Sanctuary Cities: Why Do They Exist and What Goals Do They Seek to Achieve?

In Illinois and other sanctuary states in the United States, local law enforcement cannot perform the duties of ICE without a local court order. The history of sanctuary states goes as far back as 1971 when California became the first city to claim the status. The policy declared Berkeley, California, a safe space for the US Navy soldiers who resisted the Vietnam War.

Thenceforth, sanctuary city policies centered around supporting faith-based movements, including cities where religious organizations offered safe places for war resisters and refugees. By the 80s and 90s, more cities and communities began to see sanctuary as more than a religious right. Communities began to see it as a human rights issue and moved to develop policies that limit local police involvement with federal immigration issues.

The Everyday Operations: What Does Being a Sanctuary State Entail?

When it comes to immigration issues, sanctuary city policies focus on addressing events involving undocumented individuals. Below are instances and a series of events where sanctuary policies apply in Illinois and across the country:

• Initial contact with law enforcement

Sanctuary policies apply upon initial contact with law enforcement – such as being pulled over for speeding. If a neighbor calls a law enforcement officer over a domestic incident, for instance, it has nothing to do with citizenship status.

• Detainment of an individual

Sanctuary policies also apply when law enforcement detains and books an individual and takes their fingerprints at the local jail. Ideally, these fingerprints go through the FBI database, and state and federal agents are required to share inmate information based on ICE regulations.

• Involvement of ICE

If, upon investigation, ICE discovers that the detained individual is not documented, the former sends a request for prolonged detainment. Typically, ICE will request the local jail to detain the detainee for another 48 hours beyond their original release day. Within these 48 hours, ICE can seek a warrant for the detained individual and begin the deportation process.

• Local authorities do not have to react:

Based on the regulations of the United States Department of Homeland Security, local officers can refuse ICE’s request for prolonged detainment. After all, detaining an individual for longer than legally required is a violation of the Fourth Amendment. However, some states may comply under specific circumstances such as terrorist watch list status, gang involvement, and prior felony records.

Conclusion

Sanctuary states like Illinois choose to develop these policies to separate law enforcement from federal deportation activities. More so, many people consider immigration to be a human rights issue and how US citizens and officials must protect all people. Also, sanctuary states believe that being undocumented is not a crime but a civil violation, for which jail time seems a violation of human rights.