President-elect Donald Trump's incoming border czar is sending a message to individuals or jurisdictions who directly interfere with the work of Immigration and Customs Enforcement (ICE) agents: prepare to face the consequences.
Since Mr. Trump's election victory in November, an increasing number of Democratic-led cities and local governments across the country have enacted new sanctuary laws or strengthened already-planned policies. Tom Homan, a former acting director of ICE who was tapped by the president-elect to lead the nation's deportation operations, said while these jurisdictions have the right to stand aside and not assist deportation officers, In cases of obstructing justice and blatantly obstructing authorities, it states: Because of that mission, possible charges are being considered. (RELATED: 'Depraved': ICE confirms man accused of burning woman alive on subway is illegal immigrant who was previously deported)
Homan told the Daily Caller News Foundation that “federal law prohibits the intentional hiding of illegal aliens from ICE officers.” “There are statutes in place for obstruction of federal law enforcement officers, all of which are felonies.”
“Right now, these sanctuary cities can't help – okay, that's fine. They can step aside, that's fine, but they can't step over the line,” Homan continued. “If they cross that line, we will ask the prosecutor's office to consider filing charges.”
GUATEMALA CITY, GUATEMALA – MAY 29: U.S. Homeland Security Investigations (HSI) ICE officers watch as Guatemalan police investigate the scene after arresting a human trafficking suspect in Guatemala City on May 29, 2019. is watching over you. (Photo by John Moore/Getty Images)
The declaration could be the start of a showdown between the incoming administration, which has pledged to carry out the largest deportation operation in U.S. history, and many liberals who want to protect undocumented immigrants from federal immigration law. .
In November, the Los Angeles City Council passed an ordinance designating the city a sanctuary for illegal immigrants and prohibiting local resources from being used to crack down on immigration. Similar measures have been taken against members of the Boston City Council. Vote for reconfirmation San Diego County supervisors voted to expand sanctuary laws by eliminating exceptions for immigrants involved in serious crimes, as did elected officials in Arlington County, Virginia. double down About the sanctuary policy after President Trump's victory.
In what could be the biggest pushback plan yet, California Democratic Gov. Gavin Newsom's office Reportedly in contemplation Creation of an “Immigrant Assistance Network” to connect undocumented immigrants facing arrest and possible deportation with a variety of resources and services.
Although there is no official definition of a “sanctuary city,” the phrase is commonly used to describe illegal immigration from ICE by implementing laws or other policies that prevent local law enforcement from assisting federal immigration officials. refers to areas that contribute to the protection of These laws typically prevent local authorities from reporting to ICE when an illegal immigrant is in custody or from honoring ICE detainers when an illegal immigrant is in custody.
Many Democratic-led cities have vowed not to cooperate with the Trump administration's hawkish border policies, but some elected officials have hinted at going further.
Denver Mayor Mike Johnston proposed He told local media in November that he intended to have Denver police sent to County Lines to block ICE officers from entering. Johnston later I went back His comments on this particular idea sparked a debate about what local officials are and are not legally allowed to do in opposition to immigration enforcement.
“There's certainly tough talk coming from sanctuary city mayors, but we'll see how that plays out in reality,” said Eric, research director at NumbersUSA, a Washington, D.C.-based group that advocates for reduced immigration. Ruark says. he told DCNF. He added that much of the rhetoric from sanctuary city mayors is likely just bluff, adding: “I think that's what we're seeing now. It's not a deviation from the course of action, it's political It's an attitude,” he added.
“I doubt we'll ever see the mayor of Denver come out and physically resist federal agents attempting to enforce immigration enforcement, but if he did, it would certainly be a violation of the law that could be prosecuted. ,” Ruark added. .
RIO GRANDE CITY, TEXAS – DECEMBER 7: U.S. Border Patrol searches for an illegal immigrant who was apprehended for illegally crossing the U.S.-Mexico border near Rio Grande City, Texas, on December 7, 2015. (Photo by John Moore/Getty Images)
Prosecutions for such acts have occurred in the past.
One of the most notorious cases involved a Massachusetts judge who, during the first Trump administration, forced undocumented immigrants in his courtroom through the back door to escape ICE agents who he knew were waiting in the lobby for arrest. He is said to have run away. . Prosecutors in April 2019 charged the judge, Sherry Joseph, with conspiracy to obstruct justice and obstruction of justice for her actions.
In an agreement with federal prosecutors to drop the charges in September 2022, she allowed her case to be referred to the Judicial Conduct Commission, which is tasked with investigating allegations of misconduct by members of the court. In early December, the commission released a report accusing Joseph of “deliberate judicial misconduct” and “misbehaving” as a judicial officer.
“That's what needs to be done,” Ruark said of the matter. “she [allegedly aided] and abetted illegal aliens in court. ”
Beyond the possibility of passage of sanctuary laws or outright obstruction, resistance to President Trump's immigration policies is likely to take other forms, Ruark added. As with the first administration, many anti-ICE and open border organizations are likely to step up litigation in an attempt to block or at least slow progress on immigration enforcement reform.
The American Civil Liberties Union, a huge liberal group, has filed more than 400 lawsuits against President Trump and his first administration since 2016, most of them targeting immigration directives, The group has promised to go to court again if he returns to office.
But Ruark believes Trump will return to the White House this go-around with more information and better resources.
“We're going to have someone like Mr. Homan in the Trump administration who understands the system and how it works and how the law works,” he told DCNF. “I think it’s going to be very different this time than it was in President Trump’s first term, when they were trying to figure it out.”
“Immigration agency staffing will be much improved, and they will not only be doing enforcement, but they will also have a plan for how to win in court,” he continued. “I don't think they would have much trouble defending many of their policies in court.”
Homan told DCNF that Americans can expect a dramatic increase in immigration enforcement and a return to many Trump-era policies, including reinstating the Remain in Mexico program and re-implementing the Safe Third Country Agreement. . , further construction of the U.S.-Mexico border wall and a reorientation of ICE enforcement policy.
The next Border Emperor seemed unfazed by the prospect of fierce resistance to the ambitious plans he had in store for the country. When asked about someone who had even threatened him and his family over his policies, he had only three words to say: “come and get it”.
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