Sanctuary Cities Could Face Punishment for Non-Compliance with Immigration Laws

In July 2015, Katie Steinle was shot and killed as she walked with her father on Pier 14 in San Francisco. The suspect in Steinle’s murder, 45-year-old Juan Francisco Lopez-Sanchez, had already been deported to Mexico five times. Though in the custody (jail) of the San Francisco sheriff, he was released despite the fact that U.S. Immigration and Customs Enforcement (ICE) had placed a “hold” on him.

Why? San Francisco is a “sanctuary city.” City officials generally do not detain or honor ICE’s “holds” on undocumented immigrants unless the City’s other requirements are met – San Francisco insists upon a “judicial determination of probable cause or with a warrant of arrest.”  Since there was neither, the City did not hold him.

This case has received widespread press attention and brought the debate about sanctuary cities to the forefront. Certain presidential candidates have proposed withholding federal funds to law enforcement agencies in sanctuary cities unless they change their policies. Certain other candidates, while deploring the murder, argue that citizens of any city should make their own choices whether to become a “sanctuary city” without federal interference; others expressed concern that the sheriff’s office mishandled the Sanchez-Lopez case.

In the wake of Ms. Steinle’s murder in San Francisco, some Republican Senators want to punish the so-called sanctuary cities. A group of Republican senators have filed an amendment to the Every Child Achieves Act that would cut off funding for the program to sanctuary cities. According to a story in The Hill.com, Democratic Senators have walked a fine line in the wake of the shooting. They do not have the appetite to limit federal funding to sanctuary cities, neither do they want to appear to blame San Francisco’s laws for a young woman’s tragic and senseless death.

The real problem

There are more than 200 sanctuary cities in the United States that protect undocumented immigrants from deportation after they commit certain minor crimes, because they refuse to comply with ICE detainer (“hold”) requests. Some places in this country recognize that a young shoplifter should not be removed from his or her family because of a relatively minor mistake. But sanctuary cities are now in the sights of a Congress, and the act of single person may have ruined any goodwill for so many.

If you are an immigrant charged with a crime, you need to seek legal help fast. At the Law Office of Parry A. Craft, PLLC, we combine our years of experience in the area of criminal defense with our skills and passion for immigration law, and we put it to work for you. Please contact us to schedule an appointment with a dedicated Nashville immigration crime attorney.