Sanctuary Cities: An Explanation

Click here for an article by Gabe Ortiz at Daily Kos entitled "What is a 'sanctuary city' exactly? An immigrant rights group explains."

Once an immigrant is arrested, their information gets put into a federal database that is shared with Immigration and Customs Enforcement (ICE). ICE can then issue a hold, also called a detainer, asking the police to hold that person in custody until ICE can come pick that person up for immigration detention and eventual deportation.

The article goes on:

Here’s where we get to important legal point #1: being undocumented is not a crime. It’s a civil violation. And according to due process, the police cannot detain anyone who hasn’t at least been suspected of a crime. If a police officer encounters someone walking down the street who turns out to be undocumented, they cannot arrest that person because that person has not committed a crime (ICE, however, can). Similarly, if the police arrest someone undocumented – for example, someone suspected of committing a crime, who is then cleared, they must let that person go. Important legal point #2: holding an immigrant past the point when they should be released, just so that ICE can pick them up, is unconstitutional. Multiple courts have said so, and immigrants can sue the police for unlawful holding.

Here we get back to the point of sanctuary cities: in a sanctuary city, the police will release an arrested immigrant after he’s been cleared of charges, posted bail, or completed jail time for whatever he was arrested for. A non-sanctuary city will hold that person until ICE can come pick them up – even though that extra holding is not constitutional.

Keep in mind that all of the above only applies if the undocumented person has not committed any serious crimes. If they have, the police can keep them in jail by filing charges. Or ICE can present the police with a warrant or other order from a judge, which will result in a hold until ICE can come by.

The article provides a good deal more depth -- well worth the read. It also provides a link to a fuller explanation.