What is a 'sanctuary jurisdiction' and how was the US list of them made?

The list of “sanctuary jurisdictions” released by the U.S. government, which comprises numerous communities spanning across politically diverse areas, has left critics puzzled. They observed that the list contains errors like misspellings, includes areas with minimal immigrant populations, and features locations that generally support collaboration with federal authorities.

Jessica Vaughan, who serves as the director of policy studies at the Center for Immigration Studies, an organization that advocates against sanctuary policies, began compiling a list of sanctuary jurisdictions a decade ago. The list created by the center differs from that of the government. Vaughan highlighted that the center clearly shares its methodology and regularly updates its version.

“That’s one thing that I feel is missing from the (government’s) list is some documentation as to why they’re appearing on the list,” she said.

This list is connected to the Trump administration’s initiative to focus on communities, states, and jurisdictions that, according to them, are not doing enough to assist its immigration enforcement plans. These efforts align with the president’s promises to deport over 11 million individuals residing in the U.S. without legal authorization.

What are the stakes?

The Department of Homeland Security and the U.S. attorney general will send them official notice to the 500 jurisdictions on the list “regarding its defiance of Federal immigration law enforcement and any potential violations of Federal criminal law,” according to an executive order from President Donald Trump.

The list could be updated when the administration receives new information, but those that remain on the list could face serious financial consequences, including suspended or terminated federal grants and contracts by the Office of Management and Budget.

It is not clear what legal actions the government will pursue.

How was the list made?

In response to questions Friday about the list, the Department of Homeland security reiterated that it was compiled using a number of factors, including whether the localities identified themselves as sanctuary jurisdictions, how much they complied with federal officials enforcing immigration laws, if they had restrictions on sharing information with immigration enforcement or had any legal protections for people in the country illegally.

The agency noted in an email that the list will be updated regularly.

But experts said it was difficult to understand the criteria used to make the list.

“It seems quite arbitrary because not all of these states or specific jurisdictions have a policy that limits cooperation with ICE,” said Nithya Nathan-Pineau, an attorney with the Immigrant Legal Resource Center.

How did communities that support Trump’s policies end up on the list?

That’s unclear.

Several communities said they have been outspoken supporters of the president and his stringent immigration policies and do not understand why they have been included. Among them: Shawano County, Wisconsin; Alexandria, Virginia; and Huntington Beach, California.

Jim Davel, administrator for Shawano County, thinks the administration may have confused the county’s vote in 2021 to become a “Second Amendment Sanctuary County” that prohibits gun control measures with it being a safe haven for immigrants. He said the county has approved no immigration sanctuary policies.

What is a sanctuary city?

There is no clear definition of a sanctuary jurisdiction, but it is generally understood to apply to state and local governments that limit cooperation with federal immigration authorities. DHS said it took into account “factors like compliance with federal law enforcement, information restrictions, and legal protections for illegal aliens.”

The notion of sanctuary dates back to Medieval Europe, when civil law enforcement entities were not allowed to enter churches, Cesar Garcia Hernandez, a professor at Ohio State University’s College of Law, explained Friday.

The term evolved into the “sanctuary movement” among U.S. churches and other religious institutions that would house Central Americans fleeing civil war in the 1980s.

“There there was no legal guarantee of immunity for people who were who were spending their time inside church buildings, but there was policy” that prohibited immigration arrests, Garcia Hernandez said. That changed under the current Trump administration.

The Immigrant Legal Resource Center, a nongovernmental organization, said that when compiling its own list of sanctuary jurisdictions, it considers how they limit interactions with ICE and federal law enforcement, and how they protect information.

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Associated Press writers Amy Taxin in Santa Ana, California, and Scott Bauer in Madison, Wisconsin, also contributed.

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