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1 1 (June 6, 2025)

handle is hein.crs/sntyjdnsl0001 and id is 1 raw text is: A Congressional ______ ~aResearch Service informing the legislative debate since 1914___________________ Sanctuary Jurisdictions: Legal Overview June 6, 2025 Some state and local jurisdictions have adopted policies that limit their cooperation with federal agencies charged with immigration enforcement. Some observers and policymakers describe these states and municipalities as sanctuary jurisdictions, though there is no agreement as to whether the term applies to a particular entity. Since taking office on January 20, 2025, President Trump has issued three executive orders (EOs) relating to sanctuary jurisdictions: Protecting the American People Against Invasion, Ending Taxpayer Subsidization of Open Borders, and Protecting American Communities from Criminal Aliens. Since the EOs were issued, several lawsuits have been filed by various cities and states, as well as by the Department of Justice (DOJ), relating to sanctuary policies. This Legal Sidebar provides a brief overview on what may be considered to be a sanctuary jurisdiction and summarizes pending litigation. This Sidebar also identifies several considerations for Congress. For further discussion regarding sanctuary jurisdictions' policies, see this CRS In Focus. What Is a Sanctuary Jurisdiction? There is no legal definition in federal statute for what constitutes a sanctuary jurisdiction. Some observers have used different methodologies to identify states or municipalities as sanctuary jurisdictions. In addition, while some government entities have, at times, described themselves as sanctuary jurisdictions, others have disputed being labeled as such, particularly when those jurisdictions have authorized some degree of cooperation with federal immigration authorities. One recently issued EO defines a sanctuary jurisdiction as one that interferes with the lawful exercise of Federal law enforcement operations. Another EO defines sanctuary jurisdictions as those that obstruct the enforcement of Federal immigration laws. The Attorney General issued a memorandum on February 5, 2025, that defines sanctuary jurisdictions as those that refuse to comply with 8 U.S.C. § 1373, or willfully fail to comply with other applicable federal immigration laws. Jurisdictions described by observers as having sanctuary policies typically limit state or local law enforcement assistance with federal immigration authorities in enforcing civil violations of federal immigration law that would render aliens removable from the United States. Jurisdictions that restrict state or local participation in civil immigration enforcement activities may still permit state or local law enforcement to assist in enforcing criminal violations of federal immigration law. Some measures adopted by state and local governments that bar police from assisting in the enforcement of federal criminal Congressional Research Service https://crsreports.congress.gov LSB11321 CRS Legal Sidebar Prepared for Members and Committees of Congress