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Understanding 'Sanctuary Cities'

62 Pages Posted: 2 Oct 2017 Last revised: 3 Oct 2017

Christopher N. Lasch

University of Denver Sturm College of Law

Linus Chan

University of Minnesota School of Law - Center for New Americans

Ingrid V. Eagly

University of California, Los Angeles (UCLA) - School of Law; University of Oxford - Border Criminologies

Dina Francesca Haynes

New England Law | Boston

Annie Lai

University of California, Irvine School of Law

Elizabeth McCormick

The University of Tulsa College of Law

Juliet P. Stumpf

Lewis & Clark Law School

Date Written: September 29, 2017

Abstract

In the wake of Trump’s election, a growing number of local jurisdictions around the country have sought to disentangle their criminal justice system from federal immigration enforcement initiatives. These localities have embraced a series of reforms that protect immigrants from deportation when they come into contact with the criminal justice system. In response, President Trump and his administration have labeled these jurisdictions “sanctuary cities” and promised to “end” them by cutting off federal funding.

This Article is a collaborative project authored by law professors specializing in the intersection between immigration and criminal law. In it, we set forth the central features of the Trump administration’s mass deportation plans and his recently-announced campaign to “crack down” on “sanctuary cities.” We then outline the diverse ways in which localities have sought to protect their residents from deportation by refusing to participate in the Trump immigration agenda. Such initiatives include limiting compliance with immigration detainers, precluding participation in joint operations with the federal government, and preventing immigration agents from accessing local jails. Finally, we analyze the legal and policy justifications for sanctuary that local jurisdictions have advanced with increasing intensity since Trump’s election. These insights have important implications for how sanctuary cities are understood and preserved in the age of Trump.

As a complement to this Article, we have created a public online library of sanctuary policies that includes all the policies cited here and many more we considered in our research.

Keywords: immigration, crimmigration, sanctuary, federalism

Suggested Citation

Lasch, Christopher N. and Chan, Linus and Eagly, Ingrid V. and Haynes, Dina Francesca and Lai, Annie and McCormick, Elizabeth and Stumpf, Juliet P., Understanding 'Sanctuary Cities' (September 29, 2017). Boston College Law Review, Vol. 58 (2018 Forthcoming); UCLA School of Law, Public Law Research Paper No. 17-33. Available at SSRN: https://ssrn.com/abstract=3045527

Christopher Lasch (Contact Author)

University of Denver Sturm College of Law ( email )

2255 E. Evans Avenue
Denver, CO 80208
United States
303-871-6368 (Phone)

Linus Chan

University of Minnesota School of Law - Center for New Americans ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States

Ingrid Eagly

University of California, Los Angeles (UCLA) - School of Law ( email )

385 Charles E. Young Dr. East
Los Angeles, CA 90095-1476
United States

University of Oxford - Border Criminologies ( email )

Manor Road Building
Manor Rd
Oxford, OX1 3UQ
United Kingdom

Dina Haynes

New England Law | Boston ( email )

154 Stuart St.
Boston, MA 02116

Annie Lai

University of California, Irvine School of Law ( email )

401 E. Peltason Dr.
Ste. 1000
Irvine, CA 92697-1000
United States

Elizabeth McCormick

The University of Tulsa College of Law ( email )

600 South College
Tulsa, OK 74104
United States

Juliet Stumpf

Lewis & Clark Law School ( email )

10015 S.W. Terwilliger Blvd.
Portland, OR 97219
United States

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