White House announces plan to suspend federal funding to certain counties over immigration policies

Key Takeaways

On January 13, President Donald Trump announced plans to suspend federal funding to certain jurisdictions identified by the U.S. Department of Justice (DOJ) as impeding federal immigration enforcement. The DOJ list of jurisdictions subject to potential funding suspension includes states, cities and counties.

What is a 'sancturary jurisdiction'?

According to the DOJ, sanctuary jurisdictions are characterized by formal policies, laws or public declarations that limit cooperation with federal immigration authorities. These policies may include restricting information sharing with U.S. Immigration and Customs Enforcement (ICE), declining to honor ICE detainer requests without a judicial warrant and limiting ICE access to local detention facilities. DOJ also cites practices such as prohibiting the use of local funds or personnel for federal immigration enforcement, providing guidance to employees on non-cooperation, establishing immigrant affairs offices and offering locally funded benefits or services to undocumented immigrants.

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 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.

Previous efforts by the White House to withhold federal funding based on state or local immigration policies have been met with legal challenges. In past cases, federal courts have issued injunctions preventing the administration from freezing funds to specific jurisdictions, citing concerns about executive authority and statutory limitations.

NACo strongly recommends that counties consult with legal counsel to assess potential risks and ensure that any immigration-related policies are consistent with applicable state and federal laws. NACo will continue to monitor developments and provide updates as additional details become available.