On April 28, President Trump signed an Executive Order to enforce federal law with respect to sanctuary jurisdictions to protect their citizens from what he calls “dangerous illegal aliens.” The Executive Order 14287 is entitled “ Protecting American Communities from Criminal Aliens.” The Executive Order states in part that “some State and local officials . . . continue to use their authority to violate, obstruct, and defy the enforcement of Federal immigration laws” and “[i]t is imperative that the Federal Government restore the enforcement of United States law.”
The Order directs the Attorney General and Secretary of Homeland Security to publish a list of States and local jurisdictions obstructing federal immigration law enforcement and notify each sanctuary jurisdiction of its non-compliance and providing an opportunity to correct it. Sanctuary jurisdictions that do not comply with federal law may lose federal funding.
The Order directs the Attorney General and Secretary of Homeland Security to pursue all necessary legal remedies and enforcement measures to bring non-compliant jurisdictions into compliance. It instructs the Attorney General and Secretary of Homeland Security to develop mechanisms for proper eligibility verification in sanctuary jurisdictions to prevent illegal aliens from receiving federal public benefits.
Trump’s Executive Order is supposed to ensure illegal aliens are not being favored over American citizens by directing the Attorney General to address state or local laws that unlawfully prioritize aliens. This includes in-state tuition benefits for aliens or criminal sentencing factors that favor aliens.
ALBUQUERQUE DECLARED SANCTUARY JURISDICTION
On August 5 the United States Justice Department published a list of states, cities, and counties identified as having policies, laws, or regulations that impede enforcement of federal immigration laws. Albuquerque is the only New Mexico municipality on the list but the State of New Mexico is not.
According to the Department of Justice a “sanctuary jurisdiction” generally refers to a state or local government that limits its cooperation with federal immigration authorities, particularly regarding the enforcement of federal immigration laws. There is no a strict legal definition, but these jurisdictions often restrict information sharing about immigration status or refuse to detain individuals based solely on federal immigration detainers.
“Sanctuary policies impede law enforcement and put American citizens at risk by design. … The Department of Justice will continue bringing litigation against sanctuary jurisdictions and work closely with the Department of Homeland Security to eradicate these harmful policies around the country.”
The following states, cities, and counties have been identified as sanctuary jurisdictions:
STATES:
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Illinois
- Minnesota
- Nevada
- New York
- Oregon
- Rhode Island
- Vermont
- Washington
COUNTIES:
- Baltimore County, MD
- Cook County, IL
- San Diego County, CA
- San Francisco County, CA
CITIES:
- Albuquerque, NM
- Berkeley, CA
- Boston, MA
- Chicago, IL
- Denver, CO
- East Lansing, MI
- Hoboken, NJ
- Jersey City, NJ
- Los Angeles, CA
- New Orleans, LA
- New York City, NY
- Newark, NJ
- Paterson, NJ
- Philadelphia, PA
- Portland, OR
- Rochester, NY
- Seattle, WA
- San Francisco City, CA
In recent months, the Justice Department has filed several lawsuits against sanctuary jurisdictions seeking to compel compliance with federal law, including one against New York City on July 24th. Recently, the Mayor of Louisville agreed to revoke their sanctuary policies following a letter from the Justice Department threatening legal action.
The list is not exhaustive and will be updated as federal authorities gather further information. According to the Justice Department the designations were made after a review of documented laws, ordinances, and executive directives by the listed jurisdictions.
The list of designated Sanctuary Jurisdictions will be reviewed regularly, to include additional jurisdictions and remove jurisdictions that have remediated their policies, practices, and laws. Each state, county, and city will have an opportunity to respond to its placement on the list. The Department of Justice further stated the federal government will assist any jurisdiction that desires to be taken off this list to identify and eliminate their sanctuary policies, so they no longer stand in opposition to federal immigration enforcement.
https://www.justice.gov/opa/pr/justice-department-publishes-list-sanctuary-jurisdictions
President Donald Trump has said in speeches that he would approve the arrest of government officials who would prevent federal law enforcement from doing immigration enforcement. It is unclear if the Keller administration could be among the first arrested.
GOVERNOR AND CITY OFFICIALS REACT
Democrat Governor Michelle Lujan Grisham said the listing of Sanctuary Jurisdictions and threatening to withhold funding is just another way for the Trump administration to overstep its authority. Michael Coleman, spokesperson for the governor, said this in a statement:
“The Trump administration’s designation of Albuquerque as a sanctuary city invites the same kind of federal overreach we’ve seen play out disastrously in cities like Los Angeles … Governor Lujan Grisham fundamentally opposes this administration’s approach to indiscriminate detention and deportation. The question now is how the City of Albuquerque plans to manage this situation. Those questions should be directed to the mayor’s office. The Lujan Grisham administration will continue fighting unconstitutional federal overreach in court. But right now, what Albuquerque needs most is for APD to focus on real crime in real neighborhoods across the city — not to get pulled into immigration enforcement battles that distract from public safety.”
Albuquerque city officials had mixed reactions to the city being named the only city in the state to make the list of sanctuary jurisdictions.
Democrat Mayor Tim Keller said this:
“I’m not going to be intimidated by any of this rhetoric coming from the White House, and I think they know that because they tried to do this in their first term and didn’t work. And so, for us it’s a tired show and we’re not going to cave. … Albuquerque is a welcoming city, and where crime is now actually going down in every category this year. … So we are proving that we are safer and stronger when residents trust law enforcement enough to report crimes, send their kids to school, and seek services without fear. [My] recent executive order supports both our immigrant community, while ensuring APD can focus on public safety, not federal immigration enforcement.”
Not surprising, Republican City Councilors had a different reaction to the news that the city was identified as a sanctuary jurisdiction.
Republican City Councilor Renee Grout, who represents the far Southeast Heights and foothills, said that while she is pleased the city of Albuquerque welcomes people from around the world, the city won’t “be a sanctuary for criminals.” Grout said this:
“It’s unfortunate that the mayor is willing to forfeit federal funding for housing and social services to engage in this political game. … Public safety should come first, and it should involve every tool at our disposal, including welcoming help from federal law enforcement.”
Republican City Councilors Dan Lewis and Dan Champine joined Grout in releasing a joint statement that pledged to “eliminate criminal sanctuary provisions.”
“If a resolution comes before the Council to codify orders that interfere with federal law enforcement’s pursuit of criminals, we will introduce an amendment requiring that federal authorities be given access to the Prisoner Booking Center — the location all criminals are taken when arrested.”
The link to a relied upon or quoted news source is here:
SANCTUARY JURISDICTION CHARACTERISTICS
According to the U.S. Department of Justice, the list of Sanctuary Jurisdictions is based on actions and policies that materially impede enforcement of federal immigration statutes and regulations. Sanctuary Jurisdiction characteristics include the following:
- Public Declarations: Cities, states, or counties that publicly declare themselves a sanctuary jurisdiction or equivalent, with the intent to undermine federal immigration enforcement.
- Laws, Ordinances, Executive Directives: Cities, states, or counties that have laws, ordinances, regulations, resolutions, policies, or other formalized practices that obstruct or limit local law enforcement cooperation with U.S. Immigration and Customs Enforcement (ICE).
- Restrictions on Information Sharing: Cities, states, or counties that limit whether and how local agencies share information about immigration status of detainees with federal authorities.
- Funding Restrictions: Cities, states, or counties that prohibit local funds or resources from being used to support federal immigration enforcement efforts.
- Non-cooperation with Federal Immigration Enforcement: Cities, states, or counties that provide training to city employees and police on enforcing sanctuary policies and declining to respond to ICE requests for information.
- Limits on ICE Detainers: Cities, states, or counties that refuse to honor ICE detainer requests unless there is a warrant signed by a judge.
- Jail Access Restrictions: Cities, states, or counties that restrict ICE agents’ ability to interview detainees absent detainee consent.
- Immigrant Community Affairs Offices: Cities, states, or counties that create dedicated offices to engage and advise illegal alien communities on evading federal law enforcement officers.
- Federal Benefit Programs: Cities, states, or counties that circumvent federal laws prohibiting the provision of federal benefits to illegal aliens and provide them with access to benefits, including health care assistance, legal aid, food and housing assistance, and other subsidies. This includes cities, states, or counties that establish stand-alone benefit programs or equivalents.
The link to the quoted or relied upon news source is here:
NOT THE FIRST TIME FOR ALBUQUERQUE
“The United Stated Department of Justice (USDOJ) list follows a U.S. Department of Homeland Security list published last May of sanctuary jurisdictions that included 23 of New Mexico’s 33 counties, along with the City of Albuquerque and the City of Santa Fe. That list followed President Donald Trump’s executive order in April requiring such a list. The DHS list prompted confusion from some jurisdictions and outcry from local sheriffs, and was subsequently taken off line within a few days. “
The links to the quoted or relied upon news sources are here:
https://sourcenm.com/briefs/feds-list-albuquerque-as-nms-sole-sanctuary-jurisdiction/
https://abqraw.com/post/trump-administration-marks-albuquerque-as-a-sanctuary-jurisdiction/
$68 MILLION IN FEDERAL AID AT STAKE
Now that the Trump Administration has again labeled Albuquerque a sanctuary city, the city is at risk of losing more than $68 million in federal funding, roughly 5% of the city’s annual budget. The potential loss of funding includes:
- $26 million for the Sunport and Double Eagle airports
- $11 million for housing programs
- $8 million for public transit
- $6 million for the Albuquerque Police Department
The link to a quoted or relied upon news source is here:
MAYOR TIM KELLER SIGNS EXECUTIVE ORDER IN RESPONSE TO ICE ARREST OF VENEZUELAN MAN
On July 22 Mayor Tim Keller signed an executive order that has the goal to protect immigrant rights amid reports of increased U.S. Immigration and Customs Enforcement raids in Albuquerque. Keller’s Executive Order was prompted by the July 7 an altercation between U.S. Immigration and Customs Enforcement (ICE) agents detaining and tasing a Venezuelan man by the name of Deivi Jose Molina-Pena inside the Albuquerque Walmart located at 2550 Coors Blvd. NW. The video taken of the incident reveals three ICE agents, two of whom are masked, subdued Deivi Jose Molina-Pena with a Taser. The man can be heard screaming on the video. At one point the man falls backwards to the ground and hits his head.
A female customer filmed the July 7 incident and posted the video the same day on FACEBOOK. The video of the incident went viral, drew national media attention and amassed huge numbers of online views, along with comments expressing shock at the violent nature of an unarmed man’s arrest. It turns out Deivi Jose Molina-Pena arrived in the United States legally under Temporary Protected Status two years ago from Venezuela and he was employed as a Spanish-speaking “deliverista” for Spark Driver, a delivery service for Walmart.
A protest occurred on Sunday, July 20 which drew at least a hundred anti-ICE demonstrators to the front doors of the retail store off Coors Boulevard NW and I-40. Protesters appeared outside the Walmart where the incident occurred to protest the arrest and yelling “Burque Over Billionaires.” Organizers of the protest said they have not been able to locate Deivi Jose Molina-Pena.
CONTENTS OF KELLER’S EXECUTIVE ORDER
The executive order consists of both new and preexisting directives. Some of the executive orders are being criticized for being unenforceable. Keller said that his motivation for the executive order started in June during Los Angeles’ ICE raids and subsequent protests, and continued when a social media clip showed ICE agents tasing and detaining Deivi Jose Molina-Pena inside a west side Walmart.
“The directives contained in Keller’s Executive Order conform with the City Council 2001 resolution and the 2018 amendments that declares the city to be an “Immigrant-Friendly City”. The Executive Order forbids city personnel from working with ICE except when required by a court order. City personnel have been forbidden to share information about immigration status, except when presented with a court order, since the 2018 resolution.
Other directives expand on the “Immigrant-Friendly City” resolution. The order requires the city attorney to routinely file Freedom of Information Act (FOIA) requests about ICE activities within the city. It mandates the city’s child wellbeing officer, and the Office of Equity and Inclusion develop “trauma-informed” training for all city departments that work with children impacted by immigration enforcement, including those who have been separated from their parents. The order additionally warns that anyone caught impersonating an ICE agent will be prosecuted “to the highest degree allowable.”
A few items contained in Keller’s Executive Order conflict with one another, especially where ICE and the Albuquerque Police Department overlap. While the executive order states that ICE agents “must not disrupt the wellbeing of City public spaces through violent or harmful detainment actions,” it also states that “the Albuquerque Police Department cannot legally interfere with ICE activity.”
One of the provisions in the executive order is that it aims to prosecute people impersonating law enforcement. It also reiterates that Immigration and Customs Enforcement must clearly identify its officers and avoid harmful or disruptive tactics in public spaces. However, when asked to clarify this part of the directive, an Albuquerque Police Department spokesperson said that the executive order does not address masks, which are a policy for ICE to determine.
The order does instruct APD to verify the identity of suspected ICE agents if asked to by a member of the public. The public can report suspected ICE raids to APD’s non-emergency line, (505) 242-2677, for verification.”
The link to the quoted news source is here:
KEY PROVISIONS OF KELLERS EXECUTIVE ORDER
Following are the key provisions of Mayor Keller’s Executive Order to protect immigrant rights:
Protection of Immigration Due Process
- Reaffirms that no City department, agency, or employee shall use City resources to assist in federal civil immigration enforcement, including raids, detentions, or information-sharing, unless legally required.
Implementation and Oversight
- Designates the Office of Equity and Inclusion (OEI) to lead implementation.
- Directs the Immigrant and Refugee Affairs (OIRA) Steering Committee to gather community feedback and coordinate support services with legal providers, schools, and non-profits.
- Requires all departments to designate liaisons and report progress to the Mayor.
Transparency in City Services
- Prohibits City staff from supporting secret ICE activity in public facilities.
- Requires departments to report any ICE activity at City facilities to the Mayor’s Office and OEI.
- Allows APD to confirm ICE activity only when requested by the public.
- Commits to prosecuting individuals who impersonate law enforcement to defraud or harm residents.
Transparency in Federal Immigration Enforcement
- Directs the City Attorney to file regular Freedom of Information Act (FOIA) requests to DHS and ICE and share findings with the public and City departments.
- Reiterates that ICE must clearly identify its officers and avoid harmful or disruptive detainment tactics in public spaces.
Protection of Children, Including Migrant Youth
- Instructs all departments serving youth to develop trauma-informed protocols to support children affected by immigration enforcement.
Support for Working Families
- Directs departments to identify services and assistance for families impacted by federal actions, particularly related to housing, healthcare, employment, and education.
- Expands virtual access to services to support safe interaction with government systems.
In a statement, Mayor Keller said this of his Executive Order:
“From day one, I made it clear that we will not be intimidated by harmful federal policies—and we’ve never wavered from our commitment to civil rights and public safety. … This Executive Order makes it clear that we will not stand by silently as our neighbors and friends are living in fear, and we will protect due process for all people living in our City. Albuquerque is a community rooted in diversity and strength, and we will not use our resources to support raids, detentions, or information-sharing that we are not legally required to do.”
APD CLARIFIES NEW COOPERATING POLICY WITH ICE
The Albuquerque Police Department (APD) issued a statement clarifying the city’s efforts to deal with ICE enforcement actions within the city saying the federal officials have agreed to share more information with police about immigration operations in the city. According to a statement issued by APD, the public can call 242-COPS, which is APD’s non-emergency number, to inquire about “a specific presence in the city and whether that is an ICE operation.”
APD spokesman Gilbert Gallegos said this in the statement.
“Our dispatchers can call ICE and verify whether that is the case, and the dispatcher can relay that verification to the caller. … We will not know or pass along any operational details to members of the public. … The process is similar to that used in SWAT activations in the city.”
APD Chief Harold Medina said in a statement that he has communicated with Homeland Security Investigations, which oversees ICE, about public concerns. Medina said this:
“While APD does not enforce federal immigration laws, [I] emphasized to federal law enforcement leaders that there must be more transparency around their operations in Albuquerque … As a result, federal officials have agreed to share information with APD when people have questions about operations.”
Medina also said that federal agents must wear markings identifying themselves as law enforcement officials and said this:
“APD is not in the business of immigration enforcement. At the same time, I want to keep lines of communication open to avoid misunderstandings. We want the community to be safe and trust that we are looking out for them.”
Chief Harold Medina said it doesn’t matter if the resident is a legal citizen or not. He says when they break the law, they’ll be sought out by APD.
“At the end of the day, if someone is a criminal, I don’t care if they were born in Albuquerque or another country. Criminals, people breaking the law, endanger our citizens in Albuquerque—regardless, citizens or not—should be in jail.”
IMMIGRANT FRIENDLY CITY VERSUS SANCTUARY CITY
For the last 23 years, Albuquerque has had a hands-off approach to immigration enforcement by officially labeling itself “immigrant-friendly” city and limiting local police cooperation with Immigration and Customs Enforcement. APD does not enforce immigration laws nor detain people for ICE without a warrant.
It was in 2001, long before Trump was President and Keller was Mayor, that the Albuquerque City Council declared the city to be an “Immigrant-Friendly City” by City Council ordinance. The ordinance was originally sponsored by former Republican City Councilor Hess Yntema who represented the South East Heights area, including the International District that has the highest concentration of immigrants. Councilor Yntema’s wife is also naturalized citizen of the United States. The ordinance provides that the City of Albuquerque “welcomes and encourages immigrants to live, work and study in Albuquerque and to participate in community affairs, and recognizes immigrants for their important contributions to our culture and economy.”
In 2018, the Albuquerque City Council passed amendments to the original ordinance affirming the city was an “immigrant-friendly city,” again carefully avoiding the term “sanctuary city.” The 2018 legislation was sponsored by Albuquerque City Councilor Klarissa Peña. Then City Councilor Pat Davis asked to co-author the measure and Peña allowed it. Davis said this:
“We were really clear about being sure that we didn’t use sanctuary language. …We wanted to ensure transparency and cooperation, but also protect vulnerable residents.”
A “Sanctuary City” requires local government to essentially shield the undocumented from federal authorities and federal arrests. “Immigrant Friendly” cities on the other hand enact policies that are favorable to undocumented people to allow them city services like all other residents and its local law enforcement personnel do not make arrests for violations of federal immigration laws and only make arrests of undocumented people for violations of local ordinances and state laws.
Albuquerque does allow the sharing of arrest records of municipal and state violations with federal immigration agents. However, the city does not compile any information on immigration status of suspects and prohibits Immigration and Customs Enforcement (ICE) from using municipal facilities or resources. This balance distinguishes the city’s approach from more overt sanctuary city policies.
The Office of Immigrant and Refugee Affairs manages the Immigrant Friendly City Resolution. It requires city departments to review policies for compliance and report back to the council. Key provisions as reported by the online news agency City Desk include:
- “City entities cannot collect citizenship or immigration status unless required by law for federal or state program eligibility or city employment.
- City employees must keep personal information confidential unless needed to provide services, comply with public records requests, or required by law. Personal information includes Social Security numbers, birth details, addresses, sexual orientation, disability status, religion and national origin.
- City resources cannot be used to aid immigration investigations or detentions based on immigration status.
- Federal immigration agents cannot access non-public city areas, such as the Prisoner Transport Center, without a judicial warrant.
- Everyone in Albuquerque has the right to city services with respect and dignity, regardless of race, disability, national origin, gender identity, religion, sex, sexual orientation, ethnicity, economic or immigration status.”
COMMENTARY AND ANALYSIS
There is very little doubt that what prompted the Trump Administration to classify Albuquerque as a Sanctuary Jurisdiction for a second time was Mayor Tim Keller’s July 22 executive order in response to the July 7 altercation between U.S. Immigration and Customs Enforcement (ICE) agents detaining and tasing Deivi Jose Molina-Pena. The incident garnered national attention and it is more likely than not that ICE or Homeland Security briefed the White House on the incident and demanded that Albuquerque be placed on the “sanctuary jurisdiction” list.
The blunt truth is that Mayor Tim Keller did not declare the city to be a Sanctuary City with his Executive Order. Simply put, he does not have the authority to do so even if he wanted to. It is the City Council, the legislative and policy body of city that has such exclusive authority to do so and that is binding on the city. The city of Albuquerque is not and has never been a sanctuary city and is in fact an Immigrant Friendly city as decreed by the City Council’s 2001 resolution and 2018 amendments declaring the city to be an Immigrant Friendly City. The directives contained in Keller’s Executive Order conform with the City Council 2001 resolution and the 2018 amendments that declares the city to be an “Immigrant-Friendly City”.
The Albuquerque Police Department’s (APD) new announced policy where federal officials have agreed to share more information with APD about immigration operations in the city should pretty much gut any argument that the city is obstructing or interfering with ICE operations. The city is in fact cooperating and not interfering with ICE operations. APD Chief Harold Medina made it clear he has communicated with Homeland Security Investigations, which oversees ICE, about public concerns. What Medina said is again worth noting:
“While APD does not enforce federal immigration laws, [I] emphasized to federal law enforcement leaders that there must be more transparency around their operations in Albuquerque … As a result, federal officials have agreed to share information with APD when people have questions about operations.”
The Keller Administration and the Albuquerque City Council need to challenge in no uncertain terms the Trump Administration’s classification of Albuquerque as a Sanctuary Jurisdiction by initiating a Federal lawsuit against the Department of Justice, the Department of Homeland Security and Immigration and Customs Enforcement (ICE) to enjoin them from classifying Albuquerque as a Sanctuary City and enjoin the Trump Administration from withholding federal funding base on their false finding that Albuquerque is a sanctuary city.
The federal lawsuit should seek federal court orders to enjoin the Department of Justice, the Department of Homeland Security and Immigration and Customs Enforcement (ICE) from the manner and methods they are using to arrest and detain people. ICE agents wearing masks, tactical vests and armed without identifying themselves to apprehend and arrest people without arrest warrants is as shocking and authoritarian and as fascist as it gets. It’s what happens in countries like Russia and North Korea. It should not be tolerated nor be happening in a democracy such as ours. It’s an affront to our constitutional rights, civil rights and due process of law guaranteed to all, including undocumented immigrants.
With any luck, the new policy approved by Homeland Security to disclose ICE enforcement actions to APD along with Keller’s Executive order will help reduce the inevitable havoc on the community as a direct result of ICE enforcement actions. ICE should take the damn masks off, identify themselves, secure warrants and follow due process of law.
Links to related articles are here: