Protecting American Communities From Criminal Aliens
This executive order directs federal agencies to identify State and local “sanctuary” jurisdictions that the federal government concludes are obstructing enforcement of U.S. immigration laws, notify those jurisdictions, and take steps to penalize or compel compliance. Actions the order requires include publishing a list of designated jurisdictions, pursuing legal remedies where jurisdictions remain noncompliant, suspending or terminating federal grants or contracts (as allowed by law), and tightening verification to prevent federally funded benefits from being provided to ineligible noncitizens in those jurisdictions. The Attorney General and Secretary of Homeland Security are central to implementing the order, which also directs action to stop state or local laws that favor noncitizens over U.S. citizens where federal law preempts such measures. The order aims to strengthen federal enforcement of immigration laws, reduce access to federal benefits for ineligible aliens in designated areas, and pressure local governments to cooperate with federal immigration authorities. Implementation is subject to existing law and available appropriations, and it expressly states it does not create private legal rights enforceable against the United States.
Key Points
- 1Within 30 days the Attorney General, coordinated with the Secretary of Homeland Security, must publish and maintain a list of State and local jurisdictions that the federal government finds are obstructing enforcement of federal immigration laws ("sanctuary jurisdictions") and notify those jurisdictions of the designation.
- 2Federal agencies, coordinated with the Office of Management and Budget and "as permitted by law," must identify grants and contracts to those jurisdictions that are appropriate for suspension or termination to enforce compliance.
- 3The Attorney General and Secretary of Homeland Security are directed to pursue all necessary legal remedies and enforcement measures against jurisdictions that remain defiant after notice.
- 4The Secretary of Homeland Security, with the Attorney General, must create guidance, rules, or mechanisms to ensure eligibility verification so individuals in sanctuary jurisdictions do not improperly receive federal public benefits (per federal law).
- 5The Attorney General, in consultation with DHS and other agencies, must identify and act against state or local laws, policies, or practices that unlawfully favor aliens over U.S. citizens (for example, certain in‑state tuition rules or sentencing practices) where federal law preempts or prohibits such treatment.