DHS releases list identifying sanctuary jurisdictions; Includes nearly 400 counties

Key Takeaways

On May 30, the U.S. Department of Homeland Security (DHS) published a list of 396 counties that they designated as “sanctuary jurisdictions,” as part of the implementation of the Protecting American Communities from Criminal Aliens Executive Order. DHS has indicated that this list is subject to change and counties can reach out to sanctuaryjurisdictions@hq.dhs.gov if they have any questions regarding their designation.

DHS contends that the listed counties’ policies limit cooperation and the sharing of information with federal immigration enforcement. However, there is currently no federal law that mandates what local governments must do when it comes to enforcement of immigration laws. 

Some counties have faced lawsuits for honoring Immigration and Customs Enforcement (ICE) detainers without judicial warrants – raising Fourth Amendment concerns over unlawful detention. In contrast, certain states have laws mandating compliance, and the Fifth Circuit Court of Appeals has upheld such state mandates as constitutional (City of El Cenizo v. Texas), and doing so does not violate the Fourth Amendment.

DHS has indicated that each identified designated sanctuary jurisdiction will receive formal notice and is encouraged to review and amend its policies to ensure alignment with the administration’s federal immigration enforcement priorities.

NACo strongly recommends that counties consult with legal counsel to ensure that any immigration-related policies are consistent with state and federal laws.