|
The Immigration and Nationality Act (INA) prohibits State and local governments from restricting their employees’ communication with DHS about the immigration status of individuals. Sanctuary laws or policies forbidding State or local police, corrections officers, courts, teachers, or social services providers from communicating with DHS regarding (for example) an illegal alien’s criminal conduct are unlawful.
C. To conceal, harbor, or shield aliens is a federal crime:
Concealing, harboring, or shielding “an alien [who] has come to, entered, or remains in the United States in violation of law,” or to attempt to do so is committing a federal crime if that person knew or acted “in reckless disregard of the” alien’s unlawful presence or entrance in the United States. Similarly, it is a crime if an individual “encourages or induces an alien to come to, enter, or reside in the United States,” knowing or in reckless disregard that entry or residence will violate the law. The penalty for the above crimes is five years’ imprisonment per alien involved.
D. Sanctuary jurisdiction policies can lead to criminal liability:
Because sanctuary jurisdictions’ laws usually require multiple officials to coordinate their activities, all officials involved are liable under multiple federal criminal conspiracy statutes. Therefore, employees working for an official implementing sanctuary policies may be at risk, even if they do not directly conceal, harbor, or shield an alien. Additionally, it is a crime carrying a penalty of up to 20 years’ imprisonment for anyone who “knowingly ... engages in misleading conduct toward another person, with intent to ... cause or induce any person to ... be absent from an official proceeding to which such person has been summoned by legal process” or to “hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States.”
E. Sanctuary jurisdiction policies can lead to personal financial liability:
Victims of crimes committed by aliens protected by a sanctuary jurisdiction may be able to sue officials involved in harboring that alien for triple damages under the federal Racketeer Influenced and Corrupt Organizations Act statute. Also, public officials and employees who enforce or follow illegal sanctuary jurisdiction’s policies could face liability under the substantive due process state-created danger doctrine.
II. AFL’s “Sanctuary Strongholds” Webpage Resource
Americans overwhelmingly support enforcing immigration law. To help our citizens and legal residents reach and persuade elected officials in sanctuary jurisdictions to comply with federal law rather than shield illegal aliens, AFL has launched “Sanctuary Strongholds.” This interactive resource, which will be expanded in the coming weeks and months, will provide detailed insight into the sanctuary jurisdictions across the country, as well as contact information for elected officials so that residents can easily contact their representatives to support the rule of law, oppose illegal and dangerous sanctuary policies, and SHIELD – Stop Helping Illegals Enter and Linger without Deportation.
III. AFL’s OVC Petition for Perpetrator Information
To protect American women, OVW makes grants to state and local governments and social service organizations nationwide. As a condition of federal funding, AFL has asked OVW to require its grantees to gather information on the citizenship status and nationality of every person charged with child maltreatment, dating violence, domestic violence, female genital mutilation or cutting, sexual assault, stalking, and/or technological abuse, murder, and/or other violent incidents committed against a minor or adult biological female, report that information to OVW, and then for OVW to publicly disclose it on its website for all to see. The American people have a right to know when illegal aliens perpetrate heinous crimes.
IV. AFL’s Illegal Alien Investigations
AFL has previously exposed how the sanctuary city of Chicago has become a haven for the Venezuelan gang Tren de Aragua and how sanctuary policies have put law abiding citizens at risk. Now, AFL has expanded its investigation to demand transparency from sanctuary jurisdictions about their efforts to subvert federal law. Specifically, AFL has filed public records requests with seventeen key states and cities throughout the country, demanding that they produce records and communications about their efforts to shield illegal aliens from federal law enforcement. The records requests also demand any communications between officials in these jurisdictions and foreign governments coordinating these illegal sanctuary efforts.
Sanctuary jurisdictions have devastated countless communities across the United States because elected officials prioritize protecting illegal aliens over American citizens. On September 25, 2024, U.S. Immigration and Customs Enforcement (ICE) reported that there are 425,431 non-detained illegal aliens with criminal convictions and 222,141 non-detained illegal aliens with pending criminal charges — all with orders for deportation — roaming free in the United States. In total, 647,572 individuals — convicted criminals or those with pending charges — are walking the streets of our cities and towns, disregarding final orders for removal and putting our communities at significant risk.
Acting ICE Director Patrick J. Lechleitner stated that one of the reasons for this high number of criminal aliens who are free from detention is that “‘sanctuary’ policies can end up shielding dangerous criminals, who often victimize those same [immigrant] communities.”
This cannot stand. AFL will continue fighting to protect our citizens and the rule of law from the “illegal alien industrial complex” of leftist politicians, taxpayer-funded "resettlement" groups, and globalist open borders corporations. “Sanctuary cities” and their leaders are bound by federal law — interfering with federal immigration enforcement, including lawful deportation of illegal aliens, is a crime. Those who willfully break the law must be accountable.
Statement from James Rogers, America First Legal Senior Counsel:
“Federal law is clear: illegal aliens are subject to removal from the country, and it is a crime to conceal, harbor, or shield them. Sanctuary policies are against the law, make a mockery of America’s democratic principles, and demonstrate a shocking disrespect for our Constitution and our citizens. The officials in charge of sanctuary jurisdictions have no excuse and must be held accountable. America First Legal is proud to be a part of this fight to protect our borders and to stand up for the rule of the law.” said James Rogers.
Statement from Reed D. Rubinstein, America First Legal Senior Vice President:
“This weekend’s New York City subway atrocity is yet another reminder that open borders and sanctuary jurisdictions are sheer insanity. The left-wing politicians who create and run them, and those who support them, put our citizens at risk, undermine our Constitution, and dangerously erode the rule of law. America First Legal will continue working tirelessly to protect our immigration laws and support the brave men and women who enforce them. Today’s actions are but a first step in our fight against sanctuary lawlessness,” said Reed D. Rubinstein.
Read the letters here.
Visit the Sanctuary Strongholds webpage here.
Read the OWV petition here.
Read the records requests here.
|
