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WASHINGTON — The first Trump administration threatened to take federal money, mainly policing funds from states, counties and cities that they deemed “sanctuaries” for undocumented immigrants.
President Trump wants to do that again, but his new administration has upped the ante. Officials at the Justice Department this week have told federal prosecutors across the nation to investigate any official who defies efforts to deport undocumented aliens. The U.S. attorneys were ordered to prosecute those officials on charges that could send them to prison.
The Washington Post first reported that the Justice Department has issued a memo referencing a “newly established Sanctuary Cities Enforcement Working Group,” which will work within the Justice Department to “take legal action” against state and local policies that clash with the administration’s immigration enforcement goal.
At the center of the dispute is how state and local officials respond to requests from the Immigration and Customs Enforcement (ICE) to hold detained immigrants so federal agents could pick them up for deportation. The requests to keep these immigrants incarcerated are known as “detainers.”
Some jurisdictions refuse to comply with detainers because they say civil immigration enforcement is the role of the federal government, not state and local law authorities.
ICE considers Anoka, Dakota, Hennepin and Ramsey counties as “sanctuary counties” because they decline to hold non-citizens on ICE detainers. But a key Trump adviser has expanded the definition of sanctuary counties in the state to include 12 Minnesota counties.
America First Legal, a conservative organization founded Stephen Miller, who is now White House chief of staff, sent warning letters to 249 elected officials across the country in December, including those in Anoka, Cottonwood, Dakota, Hennepin, Jackson, Kandiyohi, Lincoln, Lyon, Nobles, Pipestone, Ramsey and Wantowan counties. The letters warned the officials they could face prosecution if they failed to detain immigrants for ICE.
“We have identified your jurisdiction as a sanctuary jurisdiction that is violating federal law,” the letter said. “Such lawlessness subjects you and your subordinates to significant risk of criminal and civil liability. Accordingly, we are sending this letter to put you on notice of this risk and insist that you comply with our nation’s laws.”
Minnesota’s Department of Public Safety declined to answer questions about the state’s detainer policy.
But Minnesota Attorney General Keith Ellison on Thursday joined his blue-state counterparts in California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, New Mexico, New York, Rhode Island, and Vermont in sending a joint statement blasting the memo that threatened local officials.
“It is well-established — through longstanding Supreme Court precedent — that the U.S. Constitution prevents the federal government from commandeering states to enforce federal laws,” the attorneys general wrote. “While the federal government may use its own resources for federal immigration enforcement, the court ruled in Printz v. United States that the federal government cannot ‘impress into its service — and at no cost to itself — the police officers of the 50 States.’”
The statement also said “this balance of power between the federal government and state governments is a touchstone of our American system of federalism.”
During Trump’s first administration, the Justice Department sought to withhold federal funding from jurisdictions deemed as sanctuaries to pressure them to abandon their policies. But – after a string of lawsuits – just a few federal grants were conditioned on cooperation with ICE.
Trump again tried to withhold money from “sanctuary” jurisdictions this week through an executive order he signed on Tuesday. A federal judge in San Francisco promptly blocked the order nationwide, arguing it unlawfully withheld federal funds from cities and counties.
Trump unleashed a torrent of other executive orders this week aimed at curbing immigration and speeding the deportation of undocumented immigrants. One would end the constitutional guarantee that all children born in this country have the right to U.S. citizenship by barring the children of undocumented immigrants from that status. That executive order has also been blocked temporarily by a federal judge.
Hegseth confirmation likely
It looks like controversial Defense Secretary nominee Pete Hegseth is on the verge of confirmation.
The Senate on Thursday advanced Hegseth’s nomination on a 51-49 vote, despite an affidavit this week from the candidate’s former sister-in-law that alleged he was emotionally abusive to his ex-wife, at one time causing her to hide in a closet for her safety, and had a history of drunken and aggressive behavior.
Two Republicans, Sens. Lisa Murkowski of Alaska and Susan Collins of Maine, joined all Democrats in voting against the nomination on the procedural vote that allows Hegseth’s confirmation vote to occur as early as Friday. But there would have to be an additional two GOP defections to block the nominee and that’s not likely.
Hegseth, a Minnesota native, admitted during his confirmation hearing that he was “not a perfect person” but he vigorously denied the allegation that he sexually assaulted a woman in 2017 or that he mismanaged the finances of two veterans’ groups he ran before joining Fox News in 2014.
But the nominee has admitted to having adulterous affairs.
That seemed to concern Murkowski, who said in a lengthy post that “while the allegations of sexual assault and excessive drinking do nothing to quiet my concerns, the past behaviors Mr. Hegseth has admitted to, including infidelity on multiple occasions, demonstrate a lack of judgment that is unbecoming of someone who would lead our armed forces.”
“The leader of the Department of Defense must demonstrate and model the standards of behavior and character we expect of all servicemembers, and Mr. Hegseth’s nomination to the role poses significant concerns that I cannot overlook. … I regret that I am unable to support Mr. Hegseth,” Murkowski wrote.
The affidavit by former sister-in-law Danielle Hegseth, who was married to the nominee’s brother, said “I believe Hegseth to be an erratic, volatile person with an alcohol abuse problem.”
She also said Hegseth’s former wife, Samantha, at times feared for her safety and had a code word if she needed help to get away from her husband. The affidavit was requested by the top Democrat on the Senate Armed Services Committee, Sen. Jack Reed of Rhode Island.
Hegseth’s attorney, Tim Parlatore said Hegseth denies the new allegations and that they are a product of a vindictive former sister-in-law who divorced his brother.
In case you missed it:
- A new president and a new Congress gives a boost to Rep. Pete Stauber’s efforts to help usher in cobalt and nickel mining in the Iron Range.
- Peter Callaghan explains how the DFL committed “unforced errors” that cost the party its majorities in the state legislature.
- Minneapolis Mayor Jacob Frey and the city’s police department are pushing back on Trump administration threats to a new consent decree aimed at reforming the Minneapolis police after the killing of George Floyd.
Your questions and comments
A reader commented on the decision to move Donald Trump’s inauguration to inside the U.S. Capitol due to frigid temperatures. That vastly limited those who could attend the swearing in.
“Moved inside?!?! A lot of people will stay home rather than stand out in the cold looking at the front of the Capitol building. How will DJT be able to brag about his inauguration crowd size?,” the reader wrote.
Another reader doubted Minnesotans would have special interest in Secretary of Defense Pete Hegseth just because he was born and raised in the state.
“Humans without virtue, character or other redeeming quality have been raised in every jurisdiction, even in the Twin Cities. Mr. Hegseth (like every other Trump nominee and, obviously, Trump himself) would be laughed out of the hearing room in any decent society that takes seriously the stewardship of human civilization. Please don’t believe that we all have an interest in him just because he is a native son,” the reader wrote.
Please keep your comments, and any questions, coming. I’ll try my best to respond. Please contact me at aradelat@minnpost.com.
Ana Radelat
Ana Radelat is MinnPost’s Washington, D.C. correspondent. You can reach her at aradelat@minnpost.com or follow her on Twitter at @radelat.
