Louisville, Kentucky, recently announced a significant policy reversal, acquiescing to the Department of Justice's (DOJ) warning to align with federal immigration laws. The city's decision to honor Immigration and Customs Enforcement (ICE) detainers marks an end to its previous sanctuary city stance, which limited cooperation with federal immigration enforcement. Mayor Craig Greenberg confirmed the policy shift in a letter addressed to the DOJ on Monday, aiming to prevent litigation and potential federal penalties.
The roots of the conflict trace back to the Trump administration's DOJ, which criticized Louisville for undermining ICE by not maintaining illegal immigrant suspects in local jails until federal agents could assume custody. This accusation led to the DOJ's legal threat, citing a conflict with federal law. Mayor Greenberg's letter to Assistant Attorney General Brett Shumate elucidated the city's intention to adjust its detainer policy to "avoid litigation over DOJ’s allegations of federal preemption."
Previously, Louisville's sanctuary policy provided ICE with a mere five to 12 hours’ notice before releasing individuals from custody, often insufficient time for ICE to detain them. Under the revised policy, Louisville will revert to the pre-2017 standard, holding individuals on ICE detainers for up to 48 hours.
Sanctuary cities, which can include cities, counties, and sometimes states, typically restrict cooperation with federal immigration enforcement to varying degrees. Many choose not to honor ICE detainer requests unless accompanied by a warrant. Proponents of sanctuary policies argue they build trust between immigrant communities and law enforcement, while opponents assert they permit dangerous individuals to circumvent federal law and pose risks to communities.
The DOJ's stance on this issue is clear: failure to honor ICE detainers could lead to frozen federal funds and lawsuits. This hardline approach has prompted Louisville to comply, reflecting the DOJ's influence on sanctuary city policies nationwide. Attorney General Pam Bondi recently acknowledged Louisville's policy change, using it to caution other jurisdictions against defying federal immigration laws.
Detainer notices serve as a key mechanism for ICE to request local jails to retain individuals suspected of being illegal immigrants. Sanctuary cities' refusal to comply allows these suspects to be released before federal action can be taken, a practice the DOJ views as undermining national immigration enforcement.
The DOJ's aggressive stance has extended to other cities, including New York, Chicago, and several in Colorado. While legal rulings are pending in these cases, the pressure seems to be reshaping immigration enforcement policies across jurisdictions.
Louisville's policy U-turn, prompted mere hours after Bondi's public statement, signifies a notable pivot in response to federal pressure. This shift raises questions about whether other cities will follow suit and abandon their sanctuary policies to avoid legal ramifications from the DOJ.
