How do sanctuary cities handle illegal immigrants

Checked on January 13, 2026
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Executive summary

Sanctuary cities adopt local policies that limit how much municipal and state agencies assist federal immigration enforcement, principally by restricting information‑sharing and refusing to honor many ICE detainer requests [1] [2]. These policies do not create absolute safe havens — federal agents can still arrest noncitizens and local authorities still enforce state and local laws — but they change the practical lines of cooperation between local and federal authorities [1] [2].

1. What “sanctuary” means in practice

Sanctuary is not a single legal status but a patchwork of ordinances, guidance, and practices that typically bar local police and agencies from asking about immigration status, from holding people solely on civil immigration detainers, or from routinely sharing detainee information with federal immigration authorities [3] [1] [4]. Cities use different tools — some pass ordinances restricting detainer compliance, others refuse to build detention facilities, and some limit immigration‑related questioning by municipal employees — so what sanctuary looks like varies widely across jurisdictions [3] [5].

2. How law enforcement interactions change

Under sanctuary policies, local law enforcement continues to investigate and arrest for state and local crimes but generally will not take affirmative steps to enforce federal civil immigration violations, such as holding someone in jail at ICE’s request without a warrant; many policies require a court order before complying with a detainer [1] [2]. As a result, local officers are instructed to focus on public‑safety priorities rather than acting as extensions of federal immigration agents, though exceptions for serious crimes exist in many locales [6] [7].

3. What sanctuary policies do not do

Sanctuary policies do not prevent federal authorities like ICE and CBP from operating within city limits or from arresting people themselves; federal agents retain the legal authority to detain and deport noncitizens regardless of local rules [1] [2]. Nor do sanctuary laws create immunity from prosecution for criminal conduct — local police still enforce criminal statutes and public‑safety measures against undocumented immigrants [3] [1].

4. The legal and political battleground

Sanctuary policies have prompted litigation and legislative responses: federal administrations and Congress have sought ways to compel cooperation or strip funding, while courts and legal scholars point to state and local prerogatives and constitutional limits on federal coercion [8] [9] [7]. The debate centers on federalism and whether Washington can force localities to act as federal immigration agents; recent suits and proposed laws reflect a frontal political effort to punish or dismantle sanctuary rules [8] [9].

5. Public‑safety and community effects claimed by proponents and critics

Advocates argue sanctuary policies increase public safety by encouraging crime reporting and cooperation, improving access to services, and reducing fear among immigrant communities — studies and reviews suggest no link between sanctuary policies and higher crime and some evidence of reduced crime and better health outcomes in inclusive jurisdictions [10] [11] [4]. Critics contend that limiting cooperation with federal immigration authorities can hinder the removal of dangerous individuals and strain federal‑local relations; media and policy outlets frame these risks differently depending on political perspective [12] [4].

6. Complementary local programs and limits of policy

Many sanctuary jurisdictions supplement non‑cooperation rules with practical measures — “know your rights” clinics, legal screening, and support for representation — but organizational research finds that policies focused narrowly on police cooperation do not automatically resolve broader challenges like access to healthcare, housing, or labor protections for undocumented residents [5] [11]. Importantly, sanctuary policies reduce local participation in federal immigration enforcement but cannot eliminate federal authority or the possibility of detention and deportation [1] [2].

Want to dive deeper?
What legal challenges have federal governments brought against sanctuary cities since 2020?
How do ICE detainers work and what are the constitutional limits on local compliance?
What evidence links sanctuary policies to changes in crime rates or public‑health outcomes?