Sanctuary Cities Are Here to Stay

Nearly seven months ago, the U.S. Department of Justice implemented a small procedural shift in the way it releases federal inmates who are tagged for deportation. Now, when those inmates have warrants out in any state or locality, federal immigration authorities have the first right to detain them and immediately begin deportation proceedings, even before the state or local matter is adjudicated.

It’s a very specific, very technical shift, but it does result in some material changes to the relationship between federal authorities and local ones. Previously, state and local authorities were always first in line—any warrant they issued trumped any immigration detainer, and they could always claim custody of an inmate being released from federal prison to adjudicate their local case. Then, at the end of that adjudication, local authorities could decide whether or not to detain that person for U.S. Immigration and Customs Enforcement.