Undocumented immigrants in the United States have always had an insecure existence, subject to raids, tips to Immigration and Customs Enforcement (ICE), or ripoffs by employers who call ICE just before paychecks are due. This understandably leads undocumented persons to ask, "Where am I safe?".
You might have heard that some cities call themselves "sanctuary cities." The word "sanctuary" conjures images of a zone where no one can enter or make arrests of undocumented ("illegal") immigrants. The truth of what a sanctuary city offers, however, is far more limited and complex.
Broadly speaking, a "sanctuary city" or county provides a safe haven for immigrants by setting limits on how far state or local law enforcement will go to cooperate with, or even do the job of, federal immigration authorities.
What exactly this means, however, varies by city and state. Most often, it has to do with how police and other law enforcement authorities coordinate with ICE when dealing with suspects, criminals, or others with whom they come into contact. It's important to understand that immigration violations are based on federal law, and local police have no direct power to arrest a person simply for being undocumented. So the true meaning of sanctuary often has more to do with local law enforcement refusing to get involved in assisting ICE or doing its job in place of ICE agents than in actually providing protection to immigrants who lack valid legal status.
Being stopped by police for something like a driving violation, or questioned by police for any reason at all, usually involves the police asking for identification, such as a driver's license. Without proper documentation, an undocumented person in a non-sanctuary city risks being held in custody, even without having committed a crime.
After foreign nationals arrested and detained, their fingerprints are typically run through a national database, which might identify whether they're illegal or undocumented immigrants.
If a match comes up against this federal database, ICE can request that local law enforcement hold the detained non-citizen on what's called an immigration detainer. That's a request by ICE to be notified when a detainee is being released from state or local law enforcement. ICE then takes custody of the person in order to pursue potential deportation.
Assuming the agency complies with the detainer, the noncitizen is held for up to 48 hours. State and local enforcement are required to release the detainee if ICE takes no further action beyond the initial 48 hours. However, it is important to note that it is a voluntary act for agencies to comply with the initial immigration detainer. Thus, there is also no requirement to hold the person beyond the 48 hours.
Undocumented immigrants in a sanctuary city are in most cases shielded from any detention that is primarily based on immigration status. They need not fear that calling the police, or being stopped for something minor like a traffic violation, will trigger cooperation with ICE officials.
Typically, in sanctuary cities, law enforcement officials do not inquire about a person's immigration status after stopping or detaining the person. Such sanctuary cities also do not cooperate with ICE in conducting interviews with detainees. Access is limited to detainees, often requiring ICE to provide a judicial warrant before conducting an interview.
A survey by the Department of Justice indicated that many sanctuary-city jurisdictions had policies in place to limit cooperation with ICE immigration detainer requests. State and local law enforcement believe this policy promotes safer local communities. Crimes are reported by victims or witnesses rather than silencing them for fear of arrest, detention, or deportation.
However, this policy often comes under criticism whenever an undocumented immigrant offender in a sanctuary city commits a crime or poses a threat to public safety. By limiting the extent to which state and local law enforcement assist ICE officials, sanctuary cities can shield some undocumented immigrants from immigration enforcement. This is, however, a limited form of protection.
It is important to realize that living in a sanctuary city provides no guarantee that you are safe from ICE detention and, ultimately, deportation. ICE is not barred from conducting operations in sanctuary cities. It often monitors the activities of suspected undocumented immigrants.
Sweeps and arrests typically begin early in the morning, before people head to work or begin their day. In sanctuary cities near the U.S. border with Mexico, for example, it is not unusual to find ICE posted at bus stations or at grocery stores and constructions sites or other establishments that typically cater to or employ Hispanic people.
Also, someone who commits a serious crime and is imprisoned is likely to come to the attention of ICE eventually, no matter where they live.
Talk to an experienced attorney for a full analysis of your potential to find a legal way to stay in the United States. And if you are arrested by ICE and placed into immigration court proceedings, getting an attorney's help will be crucial.