Donald Trump’s war on sanctuary cities has begun

The first shot fired in Donald Trump’s battle against sanctuary cities was a letter sent 249 times that went somewhat unnoticed. On December 23, in the midst of the Christmas celebrations, the Trumpist organization America First Legal issued a message explicitly detailing the serious legal and economic consequences that could befall jurisdictions that do not collaborate with the federal government on immigration matters. After months of campaigning in which the candidate and now president-elect and many of those around him, especially the anti-immigration hawk Stephen Miller, put these cities in the spotlight, the threat reads like a declaration of war.

One might think that since America First Legal is not technically part of the future Trump administration, the letter does not pose a real threat. However, that idea quickly dissipates when one considers that the founder and president of the organization is Miller — one of the main ideologues of Trump’s anti-immigration rhetoric, a former senior advisor and future Homeland Security Advisor and Deputy Chief of Staff for Policy— and that its board of directors also includes several other senior officials from past and future Trump administrations.

The letter begins without preamble. “Federal law is clear: aliens unlawfully present in the United States are subject to removal from the country, and it is a crime to conceal, harbor, or shield them. It is also a crime to prevent federal officials from enforcing immigration law. These laws were duly enacted by the people’s elected representatives. Under the Supremacy Clause of the U.S. Constitution, they are the law of the land and supersede any State or local laws to the contrary.” If the message between the lines wasn’t transparent enough, the next paragraph makes it so: “So-called “sanctuary” jurisdictions that forbid compliance with federal immigration law and cooperation with the officials who enforce it are, therefore, breaking the law.”

The 249 state and municipal jurisdictions and even non-governmental organizations that have been sent the letter have been accused, according to America First Legal, of breaking the law. “Such lawlessness subjects you and your subordinates to significant risk of criminal and civil liability,” the letter warns.

Although there is no public list of recipients, it has emerged that the mayors of Los Angeles, New York, Denver, Chicago, Boston, Washington D.C., Baltimore, Altanta and New Orleans are among them. But letters have also gone out to officials from smaller cities and specific counties. Even the chief of police of Los Angeles, Jim McDonnell, received one. “We have identified Los Angeles as a sanctuary jurisdiction that is violating federal law. In fact, as Los Angeles Chief of Police, you have clearly stated your support for the city to ignore federal law, stating on November 8, 2024 that the LAPD, “will not cooperate with mass deportations,” thereby stating your intent to blatantly violate federal immigration law,” reads the letter addressed to McDonnell.

The rest of the lengthy letter goes on to detail specific laws that sanctuary jurisdictions and other agencies are, according to this organization, breaking: from interfering with communication between local authorities and the federal government about the immigration status of individuals, to sheltering migrants — even migrants who currently have legal status but originally entered the country illegally.

The complaints outline more clearly than ever the script that lawyers will follow to attack them mercilessly. There is talk of sentences of up to five years in prison for each migrant that is sheltered, thus insinuating the possibility of life in prison. The letters also claim that the legal cases can be advanced as conspiracy cases, affecting numerous defendants from the same jurisdiction who have allegedly committed the same crime, both actively and passively. This means that not only high-ranking officials are being threatened, but also middle and low-ranking ones. Likewise, the letter opens the door for people to be subject to civil lawsuits for alleged damages caused by their actions in support of migrants, which, at the very least, would cost thousands of dollars in legal defense, and at the most, could mean significant fines for administrations and individuals.

These overblown threats are meant seriously, however, as the letter repeatedly cites the Supreme Court’s support for its reading of immigration laws. Given that the current Supreme Court is ultraconservative and three of its nine members were appointed by Trump himself, whom the court has already favored on several occasions with rulings in line with his interests, the warnings take on an even more ominous tone. The implication is that if those accused of committing these crimes decide to fight a legal battle, they will end up in a court that favors the interpretation of America First Legal, Miller and Trump.

“Your jurisdiction’s sanctuary laws or policies therefore make a mockery of American democracy and demonstrate a shocking disrespect for the rule of law. For these reasons alone, you should abandon them. But no matter your views on our Union, the fact of the matter is that you and the other officials who support or enforce sanctuary laws, policies, and regulations have a very personal stake in the matter – you each could face criminal prosecution and civil liability for your illegal acts,” the letter concludes, before finally inviting the accused officials and individuals to back off and save themselves the trouble. This newspaper reached out to some sanctuary cities and America First Legal for comment on the letter and their planned next steps, but did not receive a reply.

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