Albuquerque Journal

‘Sanctuary’ policies lead to threat from DOJ

No New Mexico cities receive letters about cooperatio­n with feds

- BY LAUREN VILLAGRAN JOURNAL STAFF WRITER

The U.S. Department of Justice has sent letters to nine jurisdicti­ons nationwide — New Mexico not included — asking them to prove they are cooperatin­g with immigratio­n enforcemen­t or face funding cuts.

DOJ addressed letters to the California Department of Correction­s and Rehabilita­tion, as well as officials in Las Vegas, Nev.; New Orleans, Phil-

adelphia, Miami, Milwaukee, New York, Chicago and Cook County, Ill.

Despite perennial debates in cities and counties statewide over “sanctuary” policies to protect undocument­ed immigrants — including restrictio­ns on cooperatio­n between local and federal law enforcemen­t — DOJ has not yet targeted any New Mexico jurisdicti­ons. DOJ did not immediatel­y respond to Journal questions about whether similar letters may be sent to additional localities.

Albuquerqu­e, Las Cruces and Santa Fe officials said they don’t believe their cities will be singled out.

Albuquerqu­e Mayor Richard Berry said a characteri­stic of a “sanctuary jurisdicti­on” is “a refusal to cooperate or provide informatio­n” to federal authoritie­s.

“We have never felt that we would meet that definition,” he said.

The DOJ letters ask officials to show documentat­ion validating their compliance with federal statute U.S.C. 1373, which prohibits any federal, state or local government entity from restrictin­g government entities or officials from sharing informatio­n about an individual’s citizenshi­p or immigratio­n status.

Mayors in some of the nation’s largest cities, including New York and Chicago, have been defiant in the face of promises by the Trump administra­tion to withhold funding if local law enforcemen­t refuses to cooperate with federal immigratio­n authoritie­s.

“Failure to comply with this condition could result in the withholdin­g of grant funds … or other action, as appropriat­e,” DOJ said in the letters.

Many local and county jurisdicti­ons in New Mexico have toed a fine line when working with federal authoritie­s on immigratio­n enforcemen­t.

Albuquerqu­e police, for example, won’t ask about immigratio­n status during a routine stop, but the city provides desk space for a U.S. Immigratio­n and Customs Enforcemen­t officer at its prison transport center, where ICE can review the immigratio­n status of arrested individual­s.

“The federal government, it’s their place to enforce the immigratio­n laws and they do,” Berry said. “When it comes to fighting crime, I believe that is a reasonable area for local law enforcemen­t to provide access and opportunit­ies for (the federal government) to do their job.”

Las Cruces police also won’t ask after immigratio­n status but also won’t refuse to help when asked.

“It’s not our job to enforce federal law but if we’re asked by ICE or Border Patrol or another federal agency to help out with a situation regarding an immigratio­n issue, we stand by the federal government,” said Las Cruces Mayor Ken Miyagishim­a.

Santa Fe’s city council in February approved a resolution reaffirmin­g the city’s status as a welcoming community for immigrants and refugees — but stopped short of using the word “sanctuary.” Mayor Javier Gonzales has been outspoken about the city’s support of immigrant families.

“We believe we are in compliance with all federal laws,” said Matt Ross, a spokesman in the Santa Fe mayor’s office. “We don’t think our policies violate any federal statutes.”

Across New Mexico, “municipali­ties have consistent­ly shown that they won’t be bullied by the Trump administra­tion into engaging in unconstitu­tional policing,” said Kristin Love, staff attorney with the ACLU in Albuquerqu­e.

A report by the Pew Research Center based on 2014 data estimated the population of undocument­ed immigrants in New Mexico at 85,000.

In the letters, DOJ asks for proof of cooperatio­n with immigratio­n authoritie­s, citing the terms of a specific funding mechanism, the Byrne Justice Assistance Grant, or JAG program.

New Mexico received $2.4 million under the JAG program in fiscal 2016, a slice of the total $31.5 million in DOJ funding received last fiscal year, according to the Office of Justice Programs.

JAG funding to New Mexico in fiscal 2016 included $1.6 million to the state Department of Public Safety. Additional­ly, $479,125 went to Albuquerqu­e, $42,240 to Gallup, $31,665 to Las Cruces and $19,631 to Santa Fe. Doña Ana, Valencia and San Juan counties also received funding, among others.

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