President-elect Donald Trump’s incoming deputy chief of staff for policy, Stephen Miller of America First Legal, has sent warning letters to 249 “Sanctuary City” officials that they could face criminal charges for interfering with immigration enforcement under the new administration.
California Attorney General Rob Bonta, Los Angeles Mayor Karen Bass, and Los Angeles Police Department Chief Jim McDonnell are among those who received letters.
The letter explained:
Federal law imposes serious consequences for obstructing the execution of federal immigration law. So-called “sanctuary” jurisdictions that forbid compliance with federal immigration law and cooperation with the officials who enforce it are, therefore, breaking the law. Moreover, sanctuary jurisdictions are strictly prohibited from requiring their employees to violate federal immigration law.
We have identified your jurisdiction as a sanctuary jurisdiction that is violating federal law. Such lawlessness subjects you and your subordinates to significant risk of criminal and civil liability. Accordingly, we are sending this letter to put you on notice of this risk and insist that you comply with our nation’s laws.
The importance of this issue is not just abstract or hypothetical. According to U.S. Immigration and Customs Enforcement (ICE), as of September 25, 2024, there were 425,431 convicted criminals in the United States who were illegal aliens with final orders of removal entered against them and who were not currently being detained. Additionally, there were 222,141 non-detained illegal aliens in the United States with final orders of removal who had criminal charges pending against them. This adds up to 647,572 illegal aliens. According to Acting ICE Director Patrick J. Lechleitner, one of the reasons for this high number of criminal aliens who are free from detention is that “‘sanctuary’ policies can end up shielding dangerous criminals, who often victimize those same [immigrant] communities.”
In a press release about the notices, America First Legal said, “responding to crimes committed by illegal aliens against women and children, AFL filed a petition with the Department of Justice Office on Violence Against Women (OVW) asking that OVW publicly report monthly on its website the citizenship status and nationality of every person charged with child maltreatment, dating violence, domestic violence, female genital mutilation or cutting, sexual assault, stalking, and/or technological abuse, murder, and/or other violent incidents committed against a minor or adult biological female.”
The organization noted that violating the law and helping illegal aliens circumvent the law could land you 20 years in prison.
Because sanctuary jurisdictions’ laws usually require multiple officials to coordinate their activities, all officials involved are liable under multiple federal criminal conspiracy statutes. Therefore, employees working for an official implementing sanctuary policies may be at risk, even if they do not directly conceal, harbor, or shield an alien. Additionally, it is a crime carrying a penalty of up to 20 years’ imprisonment for anyone who “knowingly … engages in misleading conduct toward another person, with intent to … cause or induce any person to … be absent from an official proceeding to which such person has been summoned by legal process” or to “hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States.””
Trump’s border czar, Tom Homan, also appeared on Fox News and warned the officials that to “knowingly conceal or harbor an illegal alien” is a felony.
