Republican legislators in more than 20 US states have submitted measures against local officials that do not follow immigration policies against undocumented people promoted by President Donald Trump.
State Republican legislators who want to contribute to the campaign of President Donald Trump against illegal immigration have threatened demands, fines and even possible prison sentences to local officials who resist.
Legislators in more than 20 states have submitted measures against the so -called sanctuary policies, which limit cooperation with federal immigration authorities, according to an analysis of Associated Press using the monural project monitoring software.
Some of these states already prohibit sanctuary or shelter policies, but now they propose to punish mayors, councilors and other government officials who violate the prohibition.
The objective is to provide “teeth to those who are being aggrieved by local governments and local officials who are not complying with the Georgia Immigration Law,” said Republican State Senator Blake Tillery, whose legislation would allow demands against anyone who implements policies of sanctuary. His bill was recently approved by the Senate and is now in the State House of Representatives.
The opponents have expressed concern that the measure could cause local and county agents to stop immigrants for a longer time than they should according to federal law, for fear of being sued.
“We are threatening our local forces that are doing the best work they can to keep our communities safe,” said Georgia's state senator Nikki Merritt, who is a Democrat.
While state proposals appear, the Trump government has also begun to take legal actions against governments that have adopted policies that inhibit arrests and deportations by the United States immigration and customs control service (ICE, in English).
The Department of Justice has sued Illinois, Chicago and Cook County, claiming that they are violating federal law by not cooperating with immigration authorities.
Demands to enforce the laws against the shelter
A Georgia Law promulgated last year already requires that local order forces cooperate with federal authorities to identify and detain immigrants who are in the US illegally, or otherwise they will lose state financing and face minor charges.
The legislation recently approved by the State Senate reinforces this by allowing people to demand local governments, officials and employees for violating the prohibition.
Immigrants and defenders in Georgia say that the legislation, if approved, could envive fear in communities that already fear that ICE officials arrest loved ones in homes, churches or schools.
Mike Mitchell, deputy executive director of the Georgia Police Chiefs Association, said the organization has a “neutral” position on the bill, but noted that the county police chiefs already comply with the immigration law.
Louisiana approved a law last year that requires security agencies “to do the best effort” to enforce the federal immigration law. Earlier this month, the prosecutor of Louisiana, Liz Murrill, sued the police in New Orleans, claiming that she is violating the state prohibition of sanctuary policies.
The Orleans Parish Police rejects ICE's requests to keep the detainees held more time, except when they face positions of murder, violation, kidnapping, betrayal or robbery, according to a 2013 policy implemented under a judgment for consent in a federal court. The claim of the Attorney General seeks to end that order of the Federal Court.
The region's police also restrict the information he shares with ICE and prevents federal immigration agents from entering their facilities without judicial authorization or interviewing the detainees without a lawyer.
Police said in a statement sent by email that “it remains in full compliance with all applicable state laws and valid judicial orders related to ICE detainees.”
Jail fines and penalties
The first law that promulgated Republican governor Larry Rhoden from South Dakota after assuming the position of former governor Kristi Noem, chosen by Trump as secretary of National Security, was an antisanct measure.
The law prohibits state and local policies that limit communication with federal officials on the immigration status of persons; However, it does not contain sanctions.
Other states have gone further. A broad immigration law recently signed by the Republican governor of Florida, Ron Desantis, requires that the Attorney General take legal measures against local governments that adopt policies that refuse to comply with federal requests to arrest immigrants in the country without permission without permission of residence.
Local officials who deliberately fail to comply with the prohibition on these sanctuary or shelter measures can face fines of up to 5,000 dollars.
Tennessee's law already denies state economic development funds to local governments that violate a prohibition on sanctuary policies. A law recently signed by Governor Bill Lee reinforces this by submitting local officials who vote in favor of these policies to criminal charges that can be up to six years in prison. Legislative lawyers have said that these sanctions could be unconstitutional due to the protections granted to elected officials while carrying out their functions.
The legislation that was approved by the Wyoming House of Representatives and that is now pending in the Senate would not only prohibit local governments from adopting immigration sanctuary policies, but also preventing citizens from proposing them through popular initiatives. The measure contains severe sanctions.
The governor could retain state funds from counties, cities and towns that adopt such policies. Local officials who refuse to cooperate with federal immigration authorities could face criminal charges with sanctions of five to ten years in prison and a fine of up to $ 20,000.
Republican state representative Joel Guggenmos acknowledged that there are no sanctuary jurisdictions in Wyoming, but told his colleagues during a committee session that promoted the proposal of law as a preventive measure.
“In other states, this is becoming a problem,” Guggenms said.
New Hampshire legislators have advanced two separate bills that point to sanctuary policies. A version of the Senate would allow the State Attorney General to sue local governments that prohibit the application of federal immigration laws and contemplates fines equivalent to 25 % of their state financing.
A chamber version omits the fine but includes more detailed guidelines for local governments to cooperate with federal immigration authorities.