States are cracking down on 'sanctuary cities'

Alan Gomez | USA TODAY

States around the country are on the verge of passing laws to crack down on "sanctuary cities" that protect undocumented immigrants from being deported.

The efforts are a broad response to the July death of Kathryn Steinle, the San Francisco woman shot by an undocumented immigrant who had been released from a local jail instead of handed over to federal immigration officials.

Her death, publicized by Republican presidential front-runner Donald Trump and others, brought so-called sanctuary cities into the national spotlight, prompting politicians in Congress, state legislatures and local governments to call for sweeping changes. The U.S. House of Representatives passed a bill in July cracking down on those cities, and the Senate is scheduled to take up the bill next week.

Now, after three months of hearings and intense debate, the first state law targeting sanctuary cities is about to be signed into law in North Carolina. State Rep. George Cleveland, a Republican from Jacksonville, N.C., has been trying to pass laws combating illegal immigration for a decade. He said it took Steinle's death to get enough legislators on board to pass his bill, which Republican Gov. Pat McCrory is likely to sign into law this month.

"Everyone says, 'It's a federal government problem.' No, it isn't. The federal government is not doing its job, so it's our problem," Cleveland said. "We've become so multiculturalist that we don't have the common sense to see that we're ruining our country. Instead, we let cities pat (undocumented immigrants) on the back and here we are."

Defenders of sanctuary cities worry about a national overreaction to the shooting at popular Pier 14 in San Francisco's Embarcadero district. Sam Liccardo, Democratic mayor of nearby San Jose, said communities like his should use the shooting as an opportunity to review their sanctuary policies. He worries that in the rush to respond to Steinle's death, cities could pass extreme laws that hurt all immigrants.

"Innovative regions of the world depend on ambitious, creative people who come from other parts of the world to contribute to our economy," said Liccardo, a former prosecutor whose city is in the heart of Silicon Valley. "I think cities that become viewed as hostile toward immigrants will ultimately be forced to rethink their approach."

Sanctuary cities started popping up around the country in recent years in response to a federal program that uses local law enforcement to help identify undocumented immigrants living in the country.

People arrested on local charges and booked into local jails have their fingerprints sent to the Department of Homeland Security to check for immigration violations. If one pops up, Immigration and Customs Enforcement (ICE) agents could ask local police to hold the suspect for several days to give agents time to pick up the person and begin deportation proceedings.

Some city, county and state officials complained that the program was being abused by ICE to round up people arrested for non-violent, minor crimes. That led to city policies that limit local officials, including police, from assisting ICE in those efforts.

As many communities adopted those policies — more than 300 around the country so far — ICE argued that a number of potentially dangerous immigrants were set free. That debate peaked in April when the San Francisco Sheriff's Department released Francisco Sanchez despite a criminal record that included seven felony convictions — non-violent drug and immigration offenses. Three months later, police allege, he shot Steinle along the pier packed with tourists. He is now charged with murder.

Many sanctuary city policies, including San Francisco's, allow police to hold someone for ICE if the suspect has an extensive or violent criminal history. San Francisco Sheriff Ross Mirkarimi has said his office followed the city's policies.

Several cities and counties around the country reviewed their policies after the shooting and decided against any changes. Some, like Santa Clara County, Calif., are considering clarifying the rules to continue protecting most undocumented immigrants, but ensuring that those with violent criminal records are handed over to ICE.

But other jurisdictions want to do more. "As a father of two children, I could only imagine how that felt," said Mike Kowall, a Republican state senator from White Lake, Mich. "The fact that this fellow was locked up and obviously there were other warrants for him, but he wasn't turned over to ICE to sort it all out, it was really disturbing."

Kowall filed a bill that would prohibit any government agency in the state from enacting sanctuary policies. The bill is moving through the Michigan Legislature, and Kowall said he has enough support to get it passed this year.

Texas state Sen. Charles Perry, a Lubbock Republican, says he's in a similar situation. The Steinle murder took place after the state Legislature adjourned, but he said the lieutenant governor placed his bill on the agenda of items to be studied before the next session begins. He said the bill is already facing stiff resistance, but he is confident that Texas and other states will soon crack down on sanctuary cities.

"The initial response was partisan. That's a given in this political environment," Perry said. "But the big picture here is the rule of law. When you allow cities to undermine federal immigration law, you create a scenario ... that can create chaos and anarchy, because who's to say what laws should be enforced?

"One way or another, we'll get this done," he added.