ATLANTA (AP) — Republican state lawmakers aiming to support President Donald Trump’s initiatives against illegal immigration are threatening local officials who oppose them with lawsuits, fines, and even potential jail sentences.
This year, lawmakers from over 20 states have introduced legislation aimed at so-called sanctuary policies that restrict cooperation with federal immigration authorities, as reported in an analysis by the Associated Press using the bill-tracking software Plural.
Certain states, which already have bans on sanctuary policies, are now looking to impose penalties on mayors, council members, and other government officials who breach these restrictions.
The intention is to empower those who feel wronged by local governments and officials who are not complying with Georgia’s immigration law, stated Republican state Sen. Blake Tillery. His legislation would permit lawsuits against anyone who enforces sanctuary policies. This bill recently passed the Senate and is currently in the House.
Critics express concern that the legislation could compel local police and sheriffs to detain immigrants longer than permitted under federal law due to fear of litigation.
“We’re threatening our local law enforcement who are doing their utmost to ensure our communities are safe,” remarked Georgia state Sen. Nikki Merritt, a Democrat.
The state measures coincide with actions from the Trump administration, which has started taking legal action against governments that have implemented policies hindering arrests and deportations by U.S. Immigration and Customs Enforcement. The Department of Justice has sued Illinois, Chicago, and Cook County, asserting they are breaching federal law by not collaborating with immigration authorities.
Using lawsuits to enforce anti-sanctuary laws
A Georgia law enacted last year already requires local law enforcement to cooperate with federal officials in identifying and detaining immigrants illegally in the U.S., or risk losing state funding and facing misdemeanor charges. The recent Senate-approved legislation doubles down by enabling individuals to sue local governments, officials, and employees for not adhering to the ban.
Immigrants and advocates in Georgia assert that if the legislation is passed, it could amplify fear within communities that are already anxious about ICE activities targeting loved ones in homes, churches, or schools.
“This is all connected to Donald Trump’s campaign against immigrants and local entities attempting to curry favor with him through ineffective legislation,” stated Charles Kuck, an immigration attorney in Atlanta who is against the legislation.
Mike Mitchell, deputy executive director of the Georgia Sheriffs’ Association, noted that the organization maintains a “neutral” stance on the bill, but highlighted that sheriffs are already adhering to immigration laws.
Louisiana instituted a law last year obliging law enforcement agencies to “use best efforts” in enforcing federal immigration law. Recently, Louisiana Attorney General Liz Murrill initiated a lawsuit against the Orleans Parish sheriff’s office, claiming it is violating the state ban on sanctuary immigration policies.
The Orleans Parish Sheriff’s Office refuses ICE requests to detain individuals longer than necessary, except for cases involving serious charges such as murder, rape, kidnapping, treason, or robbery, according to a policy established in 2013 under a federal court consent decree. The attorney general’s lawsuit aims to dissolve that federal order.
The sheriff’s office additionally restricts the information shared with ICE and prevents federal immigration agents from accessing its facilities without court permission or interviewing detainees without legal counsel.
The sheriff’s office stated in an email that it “remains in full compliance with all applicable state laws and valid court orders related to ICE detainers.”
Imposing fines and jail time
A measure against sanctuary policies was the first law signed by Republican Gov. Larry Rhoden of South Dakota following his succession of former Gov. Kristi Noem, who was appointed by Trump as homeland security secretary. This law prohibits state and local policies that restrict communication with federal officials regarding individuals’ immigration status but does not specify penalties.
Other states have adopted more stringent measures. A comprehensive immigration law recently signed by Republican Florida Gov. Ron DeSantis mandates the attorney general to pursue legal action against local governments that establish policies refusing to comply with federal detainment requests for undocumented immigrants. Local officials who intentionally defy the sanctuary policy ban could be fined up to $5,000.
Tennessee law already restricts economic development funds from flowing to local governments that disregard the sanctuary policy ban. A recently signed law by Gov. Bill Lee intensifies this by imposing felony charges on local officials voting for such policies, with punishments of up to six years in prison. Legislative attorneys have indicated that these penalties may be unconstitutional due to protections for elected officials executing their duties.
Legislation that has passed the Wyoming House and is currently pending in the Senate aims to not only prohibit local governments from enacting immigration sanctuary policies but also prevent citizens from proposing such policies through initiative petitions. The proposed law includes harsh penalties, allowing the governor to withhold state funds from counties, cities, and towns that adopt sanctuary policies. Local officials refusing to cooperate with federal immigration authorities could face felony charges with prison sentences between 5 to 10 years and fines up to $20,000.
Republican state Rep. Joel Guggenmos acknowledged that Wyoming currently does not have any sanctuary jurisdictions but argued during a committee hearing that he is presenting this legislation as a preventive measure.
“Observing trends in other states, this issue is escalating,” Guggenmos indicated.
New Hampshire lawmakers have made progress on two distinct bills addressing sanctuary policies. A Senate version would grant the state attorney general the authority to sue local governments that obstruct the enforcement of federal immigration laws, seeking fines equivalent to 25% of their state funding. The House version omits the fine but outlines more detailed mandates for local governments to adhere to federal immigration authorities.
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Lieb reported from Jefferson City, Missouri. Associated Press reporter Jack Brook contributed from New Orleans.
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Kramon and Brook are corrs members for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit organization placing journalists in local newsrooms to cover underreported issues.
