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Sanctuary Cities 102: What you need to know now

February 19, 2025 Category: Explainer

Disclosures

This content was generated utilizing Generocity's ARC AI-Contributor.

In 2017, OneStepAway contributor Jim Irby wrote, ”Sanctuary cities 101: Why they matter and how Philly came to be one.” Today as Sanctuary cities and immigration policies are challenged federally, Generocity’s ARC AI-Contributor has provided an update on what has happened since 2017 and offers some insight as to what leaders should know.

 

Current legal status of sanctuary cities now?

November 20, 2017 – U.S. District Judge William Orrick issues a permanent injunction against President Trump’s executive order to withhold federal funding from sanctuary cities, ruling it unconstitutional.

 

July 5, 2018 – A federal judge upholds two of California’s sanctuary laws but strikes down a key provision in the third.

 

July 12, 2019 – A federal appeals court in Seattle overturns a nationwide injunction against the Trump administration’s policy of awarding extra points to cities that cooperate with federal immigration enforcement.

 

July 13, 2020 – The Trump administration announces new policy to bar international students from staying in the U.S. if their colleges move classes entirely online due to the COVID-19 pandemic. This policy particularly affects sanctuary cities with large student populations

From our Partners

 

March 18, 2021 – Senator John Kennedy [R-LA] introduces the “Ending Sanctuary Cities Act of 2021” (S.875) in the U.S. Senate. The bill aims to make any city or county with laws violating federal immigration law ineligible for federal grants.

 

September 8, 2024 – The Center for Immigration Studies updated its map and list of sanctuary cities, counties, and states. This update added 170 new locations to the list of jurisdictions obstructing federal immigration enforcement.

 

January 20, 2025 – President Trump signs an Executive Order titled “Protecting the American People Against Invasion,” aiming to withhold federal funding from sanctuary jurisdictions.

 

January 23, 2025 – The Trump administration announces it will take all legally available action to ensure that federal funds are withheld from sanctuary jurisdictions.

 

February 5, 2025 – Attorney General Pam Bondi releases a memo on “Sanctuary Jurisdiction Directives,” threatening to prosecute local officials over immigration enforcement.

 

February 6, 2025 – The Department of Justice sues the state of Illinois and the city of Chicago, accusing them of impeding Trump’s immigration enforcement policies.

 

February 7, 2025 – Several sanctuary cities, led by San Francisco and including Portland, New Haven, Santa Clara, and Kings County, sue the Trump Administration over its sanctuary city policies.

 

February 10, 2025 – Republican Representative James Comer, chair of the House Oversight and Government Reform Committee, launches an investigation into sanctuary jurisdictions, inviting mayors of Boston, Denver, New York City, and Chicago to testify.

 

What Philadelphia Leaders Should Know

 

Legal Precedents

Despite the renewed pressure, previous legal precedents may still offer protection to sanctuary cities. In 2018, the Ninth Circuit Court of Appeals ruled against the administration, establishing that essential funds could not be conditioned on compliance with immigration policies. Leaders should be aware of these legal precedents when formulating their responses.

 

Public Safety Arguments

Leaders should emphasize the public safety benefits of sanctuary policies. Studies have shown that sanctuary jurisdictions often have lower crime rates, as these policies encourage trust between immigrant communities and local law enforcement.

 

Constitutional Considerations

The actions against sanctuary cities raise constitutional questions. The principle of the Tenth Amendment, which protects states and localities from federal overreach, may be relevant in legal challenges.

 

Collaborative Approach

Leaders should consider fostering collaboration between different sanctuary jurisdictions. San Francisco, for example, is leading a coalition of local jurisdictions in filing a lawsuit against the Trump administration’s actions.

 

Community Impact

Leaders need to be aware of the potential impact on their communities if federal funding is cut. Essential services such as public safety initiatives, disaster relief, housing support, and healthcare services could be affected.

 

Preparation and Planning

Given the uncertain legal landscape, leaders should have contingency plans in place. This includes preparing for potential legal challenges and considering alternative funding sources if federal funds are withheld.

 

In conclusion, while the pressure on sanctuary cities has intensified, legal precedents and constitutional protections may still offer some safeguards. Leaders should be prepared for legal battles, emphasize the public safety benefits of their policies, and consider collaborative approaches with other sanctuary jurisdictions. Most importantly, they should prioritize the well-being of all their residents while navigating this complex and evolving situation.

 

10 Tips Leaders Should Consider

 

  1. Understand legal boundaries: Review existing sanctuary policies and their legal foundations to ensure they can withstand federal challenges.
  2. Prepare for potential funding cuts: Assess which federal grants might be at risk and develop contingency plans to maintain essential services.
  3. Strengthen community trust: Reinforce policies that encourage all residents, regardless of immigration status, to engage with local law enforcement and access city services.
  4. Collaborate with other sanctuary cities: Join or strengthen alliances with other jurisdictions facing similar challenges to share strategies and resources.
  5. Educate the public: Communicate clearly about the city’s sanctuary policies, their purpose, and their impact on public safety and community well-being.
  6. Review information-sharing practices: Ensure that local agencies understand what information can and cannot be shared with federal immigration authorities.
  7. Prepare legal defenses: Work with legal experts to anticipate and prepare for potential lawsuits from the federal government.
  8. Support vulnerable communities: Develop or enhance programs to provide legal, social, and economic support to immigrant communities.
  9. Monitor federal actions: Stay informed about new executive orders, policies, or legal actions that may affect the city’s sanctuary status.
  10. Engage with federal representatives: Maintain open lines of communication with congressional representatives to advocate for the city’s interests and concerns regarding immigration policies.

***

Sources:

1. https://time.com/7222159/what-are-sanctuary-cities-why-is-trump-targeting-them/
2. https://www.fox5ny.com/news/trump-administration-nyc-other-sanctuary-cities-federal-funding-freeze
3. https://www.columbialawreview.org/content/anti-sanctuary-and-immigration-localism/
4. https://refugees.org/cuts-to-federal-funding-for-sanctuary-cities-will-endanger-communities/
5. https://www.nilc.org/articles/this-bill-would-slash-city-and-state-funding-for-not-facilitating-mass-deportations/
6. https://pmc.ncbi.nlm.nih.gov/articles/PMC10407274/
7. https://www.nytimes.com/2025/01/22/us/sanctuary-cities-trump-immigration.html
8. https://www.nycbar.org/reports/the-trump-administrations-early-2025-changes-to-immigration-law/
9. https://sociology.unc.edu/wp-content/uploads/sites/165/2018/01/2017SocComp-Providing-Sanctuary-or-Fostering-Crime-A-Review-of-the-Research-on-Sanctuary-Cities-and-Crime.pdf
10. https://www.americanimmigrationcouncil.org/research/sanctuary-policies-overview
11. https://www.justice.gov/ag/media/1388531/dl
12. https://www.scielo.org.mx/scielo.php?pid=S0187-69612019000100108&script=sci_arttext&tlng=en
13. https://www.globalrefuge.org/news/sanctuary-cities-explained/
14. https://www.ilrc.org/state-map-immigration-enforcement-2024
15. https://crsreports.congress.gov/product/pdf/R/R44795
16. https://www.ncsl.org/immigration/sanctuary-policy-faq
17. https://www.cliniclegal.org/file-download/download/public/1379
18. https://www.americanprogress.org/article/the-effects-of-sanctuary-policies-on-crime-and-the-economy/
19. https://www.justsecurity.org/106723/sanctuary-policies-federalism-1324/
20. https://www.newsweek.com/map-shows-sanctuary-cities-across-united-states-2022710
21. https://www.pewresearch.org/short-reads/2024/07/22/what-we-know-about-unauthorized-immigrants-living-in-the-us/
22. https://cis.org/Desautels/Justice-Department-Still-Funding-Sanctuaries
23. https://www.quirogalawoffice.com/the-future-of-sanctuary-cities-in-the-us-after-trump/
24. https://generocity.org/philly/2017/12/07/sanctuary-cities-101-philadelphia-timeline-immigration/
25. https://immigrationimpact.com/2025/01/23/trumps-day-1-orders-use-fearmongering-to-expand-his-immigration-authority/
26. https://www.docketwise.com/blog/sanctuary-cities-deportation
27. https://www.pewresearch.org/short-reads/2024/11/22/most-americans-say-undocumented-immigrants-should-be-able-to-stay-legally-under-certain-conditions/
28. https://www.the-independent.com/news/world/americas/us-politics/pam-bondi-ban-sanctuary-cities-funding-b2693020.html
29. https://www.reuters.com/world/us/us-cities-counties-challenge-trumps-sanctuary-city-crackdown-2025-02-08/
30. https://www.design.upenn.edu/news/post/excerpt-domenic-vitiello-philadelphia-sanctuary-city
31. https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-american-people-against-invasion/
32. https://cis.org/Immigration-Topic/Sanctuary-Cities
33. https://statecourtreport.org/our-work/analysis-opinion/can-sanctuary-cities-survive-second-trump-administration
34. https://www.fairus.org/blog/2024/04/04/philadelphia-prides-itself-being-sanctuary-city-migrants-complain-city-letting-them
35. https://immigrantjustice.org/staff/blog/leading-cruelty-eight-impacts-trumps-first-day-executive-orders
36. https://scholarshare.temple.edu/bitstream/handle/20.500.12613/7197/Cobb_temple_0225E_14708.pdf?sequence=1&isAllowed=y

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