Esmeralda Flores, a member of the organization the immigrant human rights coalition in Los Angeles (Chirla), explained that although there are sanctuary cities in the United States, where undocumented migrants are given protection, this It does not mean that these people cannot be arrested In these places.
“When a city declares a sanctuary city, mostly means that they are friendly and welcome migrants, but protection vary in each city and in each state.”
Esmeralda Flores, Director of International Programs of Chirla.
What are the Sanctuary cities?
The Sanctuary cities emerged in the 1980s and they are states, cities and counties that have adopted policies to determine the degree of support and coordination they will have with migratory agents. During the first mandate of Donald Trump and before the hardening of immigration policy, many Democratic cities chose not to collaborate with the federal government.
In the United States there are 11 states and 180 sanctuary cities. These have various laws in migrants’ attention and protection, regardless of their situation in the country.
In common they have laws to establish that local authorities will not cooperate with federal migration officials in the arrest of those who do not have documents to live in this country.
They go for “sensitive areas”
Pinting on January 21, the interim secretary of the Department of National Security, Benjamine Huffman, eliminated the guidelines of the former president, Joe Biden, who limited federal arrests of undocumented immigrants near “sensitive” areas, such as schools, hospitals and churches. This in order to “end the invasion of the southern border of the United States and empower order forces to protect Americans.”
With this new measure the two federal agencies, the Immigration and Customs Control Service (ICE) and the Customs Office and Border Protection (CBP) may carry out the application of immigration laws in places as schools and churches.
This action, it was indicated, “empowers the brave men and women of CBP and ICE to enforce our immigration laws and catch criminal foreigners, including murderers and rapists, who have illegally entered our country.”
“Criminals may no longer hide in the United States schools and churches to avoid being arrested. The Trump administration will not tie our hands to our brave forces of order and, on the other hand, trust that they use common sense, ”said the Department of National Security.
Given this, Esmeralda Flores explains that although the immigration authorities can carry out arrests near these “sensitive” areas, depending on the city there are rules that must be met. For example, before the arrests, migratory agents must have a court order to arrest.
“With this change there can already be constant presence of intimidation from immigration. What we remember people is that although they may be present, it does not guarantee access. Authorities always need the consent of the person or a court order to access private property, ”emphasizes the chirla activist, an organization that resides in Californiawhich is the main state with the greatest number of migrants.
(Photo: Daniel Cole/Reuters)
Artemio Arreola, Community Link Director of the Coalition for the Rights of Immigrants and Refugees of Illinois (Icirr), points out that being this a sanctuary, there are laws to protect undocumented migrants such as the “trusted act”, which It prohibits the collaboration of local authorities with the Federal Migration Police.
In this state, the Government gives undocumented driving licenses, so local authorities cannot deliver these data to the immigration police to locate and stop them.
Other protections in Illinois are the closure of detention centers; That is, there is no longer any immigration center in the list and there are programs for migrants, such as health, transport, education and food services.
“In the state of Illinois a lot of legislative changes have been made; The protection laws and the governor, mayors of the county and senators have come publicly to say ‘we are going to make our laws fulfill’, and many of them prohibit the collaboration of the police with immigration (ICE) or some institutions. They are going to hinder a bit of immigration to be able to do these operations, but they will arrive; That is why they are cleaning the way and raising restrictions so that they can go to schools, hospitals or even churches, ”he says.
Arreola is right. On Wednesday, two days after Trump arrived again at the White House, the Department of Justice ordered the country’s prosecutors to process state authorities that are filled in migratory plans.
Therefore, he explained that despite the advantages of sanctuaries, federal migration authorities can carry out arrests, because the federal law is “above” the premises.
“What a sanctuary city cannot do, not a sanctuary state is to hinder federal work. (The sanctuary city) will not collaborate or help (the immigration police), but they cannot tell him ‘prohibited, you cannot enter here’, because the federal law is above. As far as the legal framework allows the city and the State, they will defend it, but above them are the federals; They would have to bring all their resources to be able to do what they have to do, ”he said.
