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1 1 (January 9, 2008)

handle is hein.crs/crsajrj0001 and id is 1 raw text is: Order Code RS22773 Updated January 9, 2008 Sanctuary Cities: Legal Issues Yule Kim and Michael John Garcia Legislative Attorneys American Law Division Summary Controversy has arisen over the existence of so-called sanctuary cities. The term sanctuary city is not defined by federal law, but it is often used to refer to those localities which, as a result of a state or local act, ordinance, policy, or fiscal constraints, limit their assistance to federal immigration authorities seeking to apprehend and remove unauthorized aliens. Supporters of such policies argue that many cities have higher priorities, and that local efforts to deter the presence of unauthorized aliens would undermine community relations, disrupt municipal services, interfere with local law enforcement, or violate humanitarian principles. Opponents argue that sanctuary policies encourage illegal immigration and undermine federal enforcement efforts. Pursuant to § 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, P.L. 104-193) and § 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA, P.L. 104-208), states and localities may not limit their governmental entities or officers from maintaining records regarding a person's immigration status, or bar the exchange of such information with any federal, state, or local entity. Reportedly, some jurisdictions with sanctuary policies take a don't ask, don't tell approach, where officials are barred from inquiring about a person's immigration status in certain circumstances. Though this method does not directly conflict with federal requirements that states and localities permit the free exchange of information regarding persons' immigration status, it results in specified agencies or officers not possessing information that they could potentially share with federal immigration authorities. In the 110' Congress, several bills have been introduced that attempt to limit formal or informal sanctuary policies and induce greater sharing of immigration information by state and local authorities. These bills include H.R. 1355, H.R. 3494, H.R. 4192, H.R. 4065, S. 850, and S. 2294. Over the past several years, the number of aliens who unlawfully reside in the United States has grown significantly, from an estimated 3.2 million in 1986 to more than 11 million in 2005.1 Although the federal government is responsible for regulating the entry See CRS Report RL33874, Unauthorized Aliens Residing in the United States: Estimates Since (continued...)

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