Introduction to the Symposium on Sanctuary Cities: A Brief Review of the Legal Landscape

Abstract

This Introduction to the 2018 University of Detroit Mercy Law Review Symposium tries to set the stage by addressing three basic issues surrounding sanctuary cities: the extent to which the federal government can compel state and local assistance in immigration enforcement; the extent to which state and localities can choose to participate in immigration enforcement; and the extent to which states and local government can completely refuse to cooperate with such enforcement. These three topics involve important federalism questions that are currently working their way through the courts following President Trump's Executive Order to punish sanctuary jurisdictions.

In addition, this Introduction also discusses separation of powers problems that arise in the fight over sanctuary jurisdictions. With legislative gridlock over immigration policy, increasingly the courts have been used as a method for protecting or discouraging the adoption of sanctuary policies. One way to discourage sanctuary policies has been to allow private causes of action against localities that fail to adequately support immigration enforcement. These efforts raise important questions about the appropriate role of the courts in policy making that are encompassed in doctrines such as sovereign immunity and the public duty doctrine.