After Sessions' Threat, Davis Says Officers 'Do Not Enforce Federal Immigration Laws'

Attorney General Jeff Sessions moved Thursday to again punish so-called sanctuary cities, this time threatening to deny federal crime-fighting resources to four cities beset by violence if they don’t step up efforts to help detain and deport people living in the country illegally. The cities targeted include Baltimore, where the city's police commissioner, in responding, said his officers don't enforce federal immigration laws.

The Justice Department sent letters to cities struggling with gun violence, telling them they will be ineligible for a new program that aims to root out drug trafficking and gang crime unless they give federal immigration authorities access to jails and provide advance notice before releasing someone in custody who is wanted on immigration violations. The cities — which also include Albuquerque, New Mexico, and Stockton and San Bernardino in California — all expressed interest in the Justice Department’s new Public Safety Partnership, which enlists federal agents, analysts and technology to help communities find solutions to crime.

“By taking simple, common-sense considerations into account, we are encouraging every jurisdiction in this country to cooperate with federal law enforcement,” Sessions said in a statement that accompanied the letters. “That will ultimately make all of us safer — especially law enforcement on our streets.”

In the letters, the department asked the four prospective cities’ police departments to show proof of their compliance by Aug. 18.

Baltimore's Commissioner Kevin Davis said in a statement that there was no formal selection process BPD was made aware of when they were first selected for the Public Safety Partnership. He said the department remains unaware of any formal process, "but are now aware that federal immigration enforcement criteria appears to be a primary consideration."

"Baltimore is a welcoming city. We do not enforce federal immigration laws," Davis said. "We do not ask people questions about their immigration status. We do, however, enforce the criminal laws of the State of Maryland and honor criminal arrest warrants obtained by federal law enforcement agencies."

That echoes what Mayor Catherine Pugh has said in the past, that Baltimore can't be a sanctuary city because the state, not the city, runs the city's detention facilities.

"Obviously, [Sessions] does not understand who controls immigration in our city," Pugh said Thursday. "Perhaps he'll get some more information and learn how to process this case in the state of Maryland, especially in Baltimore City."

State corrections spokesman Gerard Shields said in a statement that the state's facilities have followed federal policies on immigration matters since a 2015 request from the Obama administration, and that they already proactively alert Immigration and Customs Enforcement after an arrest and 48 hours before the end of a local sentence.

Since January 2015, ICE has not requested that the Department of Corrections hold any detainee or inmate in custody past the completion of local charges," Shields said. "However, the Department remains open and fully committed to our strong working relationship with our federal partners and will continue taking any steps necessary to ensure that violent criminals are removed and kept off the streets. Ultimately, any request would be considered on a case by case basis."

Maryland Attorney General Brian Frosh, in May, warned that state and local officials risk civil liability if they enforce federal immigration laws or honor most federal detainers.

The threat marks Sessions’ latest effort to force local authorities to cooperate with federal immigration authorities, part of a push to reduce crime he believes is linked to illegal immigration. Sessions has pledged to make fighting street crime the Justice Department’s top priority, but the strategy is putting him at odds with some city leaders, who say the best way to fight crime and build community trust is to keep local police out of federal immigration matters.

In a joint statement, Sens. Ben Cardin and Chris Van Hollen and Reps. Elijah Cummings, Dutch Ruppersberger and John Sarbanes called Sessions' threat "unconscionable," especially considering the state of violent crime in the city.

“We do not understand why the Justice Department views Baltimore’s eligibility for assistance as dependent on its answers to unrelated federal immigration enforcement questions," they said. "Rather than threatening Baltimore and other cities, the Justice Department should be eager to bring to bear all of the federal government’s resources to reduce violent crime.”

Sessions last week told jurisdictions they need to meet the same conditions or lose out on millions of dollars from a separate program that aims to send grant money to support law enforcement. That move made some local officials more defiant.

The Justice Department in June tapped 12 cities to receive aid through the Public Safety Partnership, and officials said the four cities that were sent the letters had expressed interest in the next chance at participating. Cities were chosen based on higher-than-average rates of violence and willingness to receive the help and training. Cities that want to be involved going forward will have to show they allow unfettered communication between police and federal immigration authorities, give agents access to jails in order to question immigrants, and provide them 48-hours’ notice when someone in the country illegally is about to be released.

WBAL-TV 11 lead investigative reporter Jayne Miller contributed to this report.