Protecting American Communities From Criminal Aliens
The order directs the Attorney General and the Secretary of Homeland Security to formally designate 'sanctuary jurisdictions' — states and localities that obstruct federal immigration enforcement — and then triggers a process to suspend or terminate their federal funding and pursue legal action against those that refuse to comply.
It also directs agencies to verify immigration status for federal benefit recipients in sanctuary jurisdictions and to challenge state and local laws that favor undocumented immigrants over American citizens, marking a broad federal offensive against sub-federal immigration policies.
What this order does
What it orders
The order directs the Attorney General, in coordination with the Secretary of Homeland Security, to publish within 30 days a list of states and local jurisdictions designated as "sanctuary jurisdictions" for obstructing federal immigration enforcement. Immediately after each publication, those jurisdictions must be formally notified of their defiance and any potential federal criminal violations. All executive agency heads are then directed to coordinate with OMB to identify federal grants and contracts flowing to sanctuary jurisdictions for potential suspension or termination. Jurisdictions that remain in defiance after notification face legal action from the Attorney General and DHS.
The order additionally directs DHS to develop guidance to ensure immigration-status eligibility verification is conducted for individuals in sanctuary jurisdictions receiving federal public benefits through private entities. The Attorney General is separately directed to identify and act against state and local laws that favor undocumented immigrants over American citizens, including in-state college tuition policies and criminal sentencing rules.
Who it affects
State and local governments designated as sanctuary jurisdictions, whose federal grants and contracts face potential suspension. Undocumented immigrants in those jurisdictions who receive federally backed public benefits through private entities. Out-of-state American citizens potentially disadvantaged by state tuition or sentencing policies that favor undocumented immigrants.
Why it matters
Sanctuary jurisdictions — potentially including major cities and several states — could lose significant federal funding across many program areas. State laws providing in-state tuition or favorable criminal sentencing to undocumented immigrants face federal legal challenge, which would directly affect students and those in the criminal justice system in those states.
What must happen and when
How the order is supposed to work
The process unfolds in stages: AG and DHS publish the sanctuary list within 30 days, triggering immediate notification to designated jurisdictions. Agency heads then coordinate with OMB to identify specific federal grants and contracts for suspension or termination. Jurisdictions that remain in defiance after notification face DOJ and DHS legal action. A parallel track has DHS crafting benefit-verification rules and the AG targeting unlawful state laws favoring aliens. The order is subject to availability of appropriations and existing law, and creates no privately enforceable rights.
Actions and deadlines
- Publish an initial list of sanctuary jurisdictions that obstruct federal immigration enforcement
- Notify each designated sanctuary jurisdiction of its defiance and potential federal criminal violations
- Update the sanctuary jurisdiction list as necessary after initial publication
- Identify appropriate federal funds to sanctuary jurisdictions for suspension or termination
- Pursue legal remedies and enforcement measures against jurisdictions that remain in defiance after notice
- Develop guidance or rules to ensure immigration-status eligibility verification for federal public benefit recipients in sanctuary jurisdictions
- Identify and take action to stop unlawful state and local laws favoring aliens over American citizens