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Justice Department heightens ‘sanctuary’ oversight

Cities, states ordered to turn over documents

By Matt Zapotosky, The Washington Post
Published: January 24, 2018, 10:20pm

WASHINGTON — The Justice Department on Wednesday escalated its attempt to crack down on “sanctuary” jurisdictions, threatening to subpoena 23 states, cities and other localities that have policies the department suspects might be unlawfully interfering with immigration enforcement.

President Donald Trump and Attorney General Jeff Sessions have long promised to target places with policies friendly to those in the country illegally — warning they might withhold federal money from some and trying to tie grant eligibility to cooperation with federal authorities. The Justice Department had previously contacted the 23 jurisdictions threatened Wednesday, raising worries they might be in violation of a federal law barring policies that block communication with Immigration and Customs Enforcement.

In a new letter, Bureau of Justice Assistance Director Jon Adler said officials remained “concerned” that the places had policies that violate the law, even after their previous responses. He asked for numerous documents — including “any orders, directives, instructions, or guidance to your law enforcement employees” — and said the department would subpoena the materials if necessary.

That threat escalates the department’s effort because courts may compel jurisdictions to turn over documents that they didn’t provide voluntarily.

“I continue to urge all jurisdictions under review to reconsider policies that place the safety of their communities and their residents at risk,” Sessions said in a statement. “Protecting criminal aliens from federal immigration authorities defies common sense and undermines the rule of law. We have seen too many examples of the threat to public safety represented by jurisdictions that actively thwart the federal government’s immigration enforcement — enough is enough.”

Among those jurisdictions in the crosshairs are Chicago, New York City, Los Angeles and the states of California, Illinois and Oregon. In total, the 23 jurisdictions received more than $39 million in fiscal year 2016 money from the Edward Byrne Memorial Justice Assistance Grant Program — which Sessions is now threatening to put at risk.

Local leaders criticized the move. New Orleans Mayor Mitch Landrieu, a Democrat, president of the U.S. Conference of Mayors, said he would skip a planned White House meeting on infrastructure because of it. “An attack on one of our cities’ mayors who are following the constitution is an attack on all of us,” he said. His city was not among those targeted Wednesday.

New York’s Democrat Mayor Bill de Blasio wrote on Twitter he would skip the gathering after Trump’s Justice Department “decided to renew their racist assault on our immigrant communities. It doesn’t make us safer and it violates America’s core values.”

White House press secretary Sarah Huckabee Sanders said: “The White House has been very clear that we don’t support sanctuary cities. We support enforcing the law and following the law, and that is the Department of Justice’s job is to do exactly that, and if mayors have a problem with that, they should talk to Congress.”

Much of this crackdown has been stymied by the courts.

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