On her first day in office, Attorney General Pam Bondi issued a memorandum that, among other things, cuts federal funding to "sanctuary cities."
ACLU of North Carolina senior attorney Jaclyn Maffetore explained to Enlace Latino NC which is unlikely to directly affect cities in North Carolina due to state laws already in place.
However, its implementation could have indirect effects, especially in those cities that have been more cautious with the Cooperation with Immigration and Customs Enforcement (ICE).
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What are “sanctuary cities”?
A jurisdiction is generally considered a “sanctuary city” if it chooses not to actively cooperate with ICE.
Federal law allows them to opt out of ICE, "as long as they don't obstruct the operations of federal agents," Maffetore explained.
However, the memorandum issued by the federal government offers a more precise definition of what it considers a “sanctuary jurisdiction.”
This includes “state or local jurisdictions that refuse to comply with certain federal laws, or that intentionally fail to comply with them, and may be considered as such,” Maffetore said.
“The memo describes sanctuary cities more narrowly than the general understanding of the term, stating that any jurisdiction that obstructs or refuses to follow federal law may be classified as such,” Maffetore added.
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Application in North Carolina
La Attorney Maffetore believes the state is unlikely to face a direct impact from the Attorney General's memo.
This is mainly due to the HB 318, passed in 2015 by the North Carolina General Assembly. This law, signed by then-Governor Pat McCrory, prohibits sanctuary cities in the state.
Recent legislation, HB 10, reinforces this obligation by requiring local jurisdictions to honor ICE detention requests.
“In North Carolina, the law already prohibits cities or counties from implementing sanctuary policies. HB 10 reinforces this by requiring local governments to cooperate with ICE in many circumstances, such as honoring detainer requests and notifying ICE when someone may have undocumented immigration status,” the attorney said.
Maffetore notes that cities like Greensboro that were once wary of ICE can no longer be considered sanctuaries because of state law.
This implies that the risk of the North Carolina cities suffer cuts in federal funding because of this memorandum is low.
Indirect effect due to political pressure
Although state law demands cooperation with ICE, some cities could be affected by political pressure or federal funding cuts.
"That could have a chilling effect on those jurisdictions, which, for good reasons, might want to allocate their resources to something other than assisting ICE immigration enforcement," Maffetore notes.
The lawyer emphasizes that jurisdictions must continue to respect the fundamental rights of all residents, including those without immigration status.
“It's important that they continue to use their discretion to protect their communities to the extent permitted by law,” he added.
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Legal challenges
Maffetore explained that although the Trump administration attempted to outlaw sanctuary cities, federal courts halted those actions. “I wouldn't be surprised if something similar happens now,” the attorney said.
Maffetore added that some North Carolina cities may be targeted by this law even if they are not explicitly “sanctuary jurisdictions.”
One of the most significant aspects of the memorandum is the potential freeze on federal funds. Maffetore notes that, although the memorandum mentions this freeze, "it is unclear how this would apply to specific jurisdictions."
Some of these funds go through state agencies, which are the ones that decide how the funds are distributed, complicating their application.
The memo could violate the Tenth Amendment, the attorney said, by forcing local jurisdictions to cooperate with federal immigration law.
“Any jurisdiction facing any type of attack under this memorandum will be forced to fight back, as courts have already ruled that forcing jurisdictions to assist in federal immigration enforcement activities violates the Tenth Amendment,” Maffetore added.
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After the storm
A year ago, Hurricane Helene struck western North Carolina. The Latino community responded with something stronger than the storm: solidarity.
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