In June, the House passed H.R. 3003, or the “No Sanctuary for Criminals Act.” This dangerous bill makes our communities less safe and is a clear part of Trump’s mass deportation agenda. The bill undermines local law enforcement authority and mandates unconstitutional detention of immigrants. It strips important funding from programs intended to keep our communities safe and forces state and local police to cooperate with Immigration and Customs Enforcement (ICE).
H.R. 3003 forces local jurisdictions to cooperate with ICE by threatening to strip their federal law enforcement funding.
This bill takes away federal grant dollars from over 600 so-called “sanctuary” jurisdictions. These grants fund community policing, prevention and education programs, drug treatment and enforcement programs, crime victim and witness initiative programs, and other community-based law enforcement support programs. In other words, it takes away law enforcement dollars from jurisdictions that have adopted policies designed to encourage all residents to safely report crimes and to interact with law enforcement.
- H.R. 3003 makes everyone less safe by shattering hard-earned trust between local police and the community members they serve and protect. At a time when relationships between local law enforcement and communities of color are strained across the country, we should be supporting policies designed to foster trust. By forcing local police to cooperate with ICE, immigrants across the country would be less likely to report crimes, come forward as witnesses, or press charges on offenses like domestic violence.
- H.R. 3003 violates the Constitution in more ways than one. The bill would unconstitutionally force police to hold people without a warrant. An ICE detainer is not the same as a warrant; it’s issued by the same agency that wants to detain people and not by an outside, independent decision maker. Federal courts around the country have ruled, again and again, that ICE detainers violate the 4th amendment because they hold people longer than they are constitutionally allowed to be held without a warrant. This bill allows for immigrants to be detained indefinitely, without bond or a fair day in court. This is wrong and goes against the values of our justice system. This bill also violates the 10th Amendment of the Constitution by allowing the federal government to force states and localities to do the work of the federal government, at the expense of their focusing on keeping our communities safe.
H.R. 3003 has already been received in the Senate and may come up for a vote in this Congress. Call you Senators and tell them to oppose H.R. 3003 if it comes up for a vote in the Senate, or any bill that violates the Constitution, strips critical funding from programs intended to keep our communities safe, and promotes fear and distrust between immigrant communities and local police.