The Trump administration’s strongman approach to immigration enforcement may soon lead to the arrests of elected officials who are presiding over so-called “sanctuary” jurisdictions, as the president’s team tries to compel cooperation with its deportation policies.
President Trump signed an executive order earlier this week directing the Department of Justice to identify sanctuary cities and determine what forms of federal funding they receive could be terminated if they don’t comply with the White House’s crackdown. Dubbed the “border czar,” White House advisor Tom Homan insinuated that federal authorities could take things a step further
“Wait to see what’s coming,” Homan said Thursday when asked if federal agents would arrest the leaders of those jurisdictions.
“You cannot support what we’re doing, and you can support sanctuary cities if that’s what you want to do, but if you cross that line to impediment or knowingly harboring and concealing an illegal alien, that’s a felony and we’re treating it as such,” Homan said.
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Before Donald Trump took office earlier this year, his top domestic policy adviser Stephen Miller sent letters to cities and counties throughout Maryland, warning them of consequences for alleged violations of immigration law. The day after Trump’s inauguration a senior official at the Department of Justice sent a memo directing prosecutors across the nation to investigate and charge officials who don’t comply in carrying out the administration’s mass deportation agenda.
And last week, the Federal Bureau of Investigation arrested a Wisconsin judge, charging her with obstructing or impeding a federal proceeding after they allege she attempted to help an undocumented immigrant elude federal agents.
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In the past, the term sanctuary city was applied to jurisdictions that refused to honor detainer requests from U.S. Immigration and Customs Enforcement. ICE will make a request to a jail to hold someone in custody, sometimes beyond when they are supposed to be released, if they believe that person is in the country illegally.
A number of cities and counties in Maryland could be subject to the Trump administration’s sanctuary definition, depending on how it’s applied.
Although jurisdictions can willfully enter into agreements to cooperate with ICE, the U.S. Constitution prohibits the federal government from requiring state and local officials to enforce immigration law, Maryland Gov. Wes Moore said.
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Strong-arming local jurisdictions into doing so would be the latest round of “chaos across the board” from the Trump administration, Moore said, which has so far included signing “unlawful executive orders, ignoring Supreme Court decisions and deporting U.S. citizen children.”
“I urge the administration to conduct its enforcement lawfully,” Moore said.
Howard County has a law prohibiting county resources from being used to enforce federal immigration law, for example, which could be interpreted as interference.
A spokesperson for County Executive Calvin Ball offered a “no comment” when asked whether Ball and his team had discussed the possibility of his arrest.
While Baltimore isn’t technically a sanctuary city — the state controls its jail and sets the policies — Mayor Brandon Scott has said previously he would not direct any city resources to helping the Trump administration.
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Asked whether the city’s calculus on helping immigration officials has changed given Homan’s most recent comments, a spokesperson for Scott said it had not.
“The city of Baltimore is committed to policies of inclusion and community safety, and our public safety efforts are focused squarely on addressing violent crime and protecting residents,” Tracy King, Scott’s deputy communications director, said. City agencies do not ask Baltimore residents their immigration status as part of routine procedure, which has been standing policy.
If Scott were jailed, City Council President Zeke Cohen would assume the mayoral duties in an acting capacity, according to the city charter. In a statement, Cohen, who used to represent Southeast Baltimore as a council member, said the immigrant community largely revitalized his old council district.
“I remain committed to serving everyone,” Cohen said.
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