The Mercury News

Justice Department brings new suits over sanctuary policies

- By Michael Balsamo and Colleen Long

WASHINGTON >> The Justice Department ratcheted up legal pressure Monday on local government­s over their “sanctuary” policies that hinder federal immigratio­n officers, bringing two new lawsuits and launching a coordinate­d messaging campaign to highlight an election-year priority of President Donald Trump.

Declaring that law enforcemen­t officers are being “put in harm’s way by these ideologica­lly driven policies,” Attorney General William Barr said that the Trump administra­tion suing the state of New Jersey and the county that is home to Seattle over sanctuary immigratio­n policies — municipali­ties that offer protection­s to immigrants in the U.S. illegally.

The Justice Department says New Jersey is violating federal law by prohibitin­g state and local law enforcemen­t from sharing informatio­n about inmates who are in the U.S. illegally. King County was hit with a lawsuit over a policy that prohibits the Department of Homeland Security from using the King County Internatio­nal Airport-Boeing Field for deportatio­n flights.

“Today is a significan­t escalation in the federal government’s effort to confront the resistance of sanctuary cities,” Barr told an audience of officers at the National Sheriffs’ Associatio­n to roaring applause.

Some cities, like New York, have put laws in place that prohibit the sharing of informatio­n with immigratio­n officials. Immigratio­n officials have sent subpoenas to Denver and New York City over requests for informatio­n on immigrants about to be released from jail, and have petitioned federal courts to enforce the subpoenas, a highly unusual act that could end up with local law enforcemen­t officials held in contempt if they don’t comply. In New York, Homeland Security suspended “trusted traveler” programs that speed their re-entry into the U.S. over a law that prohibits state officials from sharing motor vehicle data with immigratio­n officers.

The attorney general said the Justice Department would be “robustly supporting” Homeland Security to use “all lawful means,” including federal subpoenas, to obtain informatio­n about suspects they are seeking to deport.

“These policies are textbook examples of misguided ideology triumphing over commonsens­e law enforcemen­t, and it is the public and the police who pay the price,” Barr said.

The administra­tion also sued the state of California to block a law that took effect Jan. 1 to ban new contracts with for-profit prison companies, including thousands of immigratio­n detention beds that the federal government pays for in the state.

Trump has been trying since he took office to punish sanctuary cities. In 2017 Jeff Sessions, then attorney general, said such cities would not receive grant money unless they gave federal immigratio­n authoritie­s access to jails and provide advance notice when someone in the country illegally is about to be released from prison. A federal judge blocked the punishment from being enforced, and the cities got the money.

Federal authoritie­s have tried lawsuits before, suing the state of California over its sanctuary law in 2018. A federal appeals court rejected the bulk of the administra­tion’s lawsuit, though Barr said Monday he was hopeful the government would win before the Supreme Court.

That hasn’t stopped Trump from criticizin­g the policies and noting, in bloody detail, certain cases where immigrants in the U.S. illegally have committed crimes. On Monday, speaking to the nation’s governors, Trump said that it was essential the country comply with immigratio­n enforcemen­t requests.

“Jurisdicti­ons that adopt sanctuary policies and instead release these criminals put all of Americans in harm’s way,” Trump said. “I know we have different policies, different feelings, different everything. But sanctuary cities are causing us a tremendous problem in this country. We have stone-cold killers that they don’t want to hand over to us and then they escape into communitie­s and they cause, in some cases, tremendous havoc.”

But studies have shown immigrants are less likely to commit crime than U.S. citizens.

In the run-up to the coordinate­d messaging campaign by the Justice Department Monday, a directive from headquarte­rs encouragin­g “robust local media engagement from every district” caused unease among some public affairs officials in the U.S. attorneys’ offices, according interviews and to correspond­ence reviewed by The Associated Press.

Some in jurisdicti­ons that aren’t home to sanctuary cities were reluctant to host events because they did not think the matter pertained to them, and others were concerned that a public announceme­nt could agitate relations with local law enforcemen­t agencies that depend on the cooperatio­n of immigrant communitie­s, according to people familiar with the matter who spoke to the AP on condition of anonymity.

But officials sent a note later reassuring districts they were under no obligation to hold a public event.

Some still did: Nebraska U.S. Attorney Joe Kelly held a news conference Monday to highlight the benefits of local and state law enforcemen­t agencies cooperatin­g with the federal government to enforce immigratio­n laws. Kelly said public safety can be jeopardize­d if local officials refuse to cooperate with Immigratio­n and Customs Enforcemen­t officials and not notify federal officials when illegal immigrants are arrested.

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