Bill to Prosecute, Fine, and Jail Mayors for Protecting Undocumented Immigrants Passes Senate, Moves to Congress

Hom Lamsal

U.S. President Donald Trump dismissed the head of ICE after stating that the administration had not achieved its targeted goals for controlling illegal immigration within its first month. Republican state lawmakers, blaming Democratic states for the administration’s failure to meet these targets, are actively supporting Trump’s crackdown on illegal immigration. They have begun threatening local officials, mayors, and state legislators who refuse to cooperate with federal immigration authorities with lawsuits, fines, and even potential jail time.

After Trump took office, many undocumented immigrants moved to sanctuary cities, where Democratic mayors and council members welcomed them, encouraging them to relocate for protection. However, the Trump administration has responded by pushing for new legislation that aims to be stricter on immigration, even if it requires changing existing laws. A new bill, titled the “No Bailout for Sanctuary Cities Act,” has been introduced in Congress by Congressman LaLota.

According to the Associated Press, lawmakers in more than 20 states have proposed legislation targeting “sanctuary policies” that limit cooperation with federal immigration authorities. Republican legislators argue that these policies have allowed Democratic mayors to resist Trump’s immigration crackdown.

Some states had already banned such policies, but new proposals go further by introducing punishments—including fines and jail time—for mayors, city council members, and other government officials who implement sanctuary policies. Republican state senator Blake Tillery stated that his bill would allow lawsuits against anyone enforcing sanctuary policies. The bill has passed the Senate and is now under review in the House. Given the Republican majority in Congress, there is a strong possibility that the sanctuary laws will be overturned, leading to a significant shift in policies protecting undocumented immigrants.

Opponents argue that these laws could pressure local police and sheriffs to detain immigrants beyond the time limits set by federal law, potentially exposing law enforcement to legal risks.

A newly passed law in Georgia now allows lawsuits against local governments that violate the state’s ban on sanctuary policies. Georgia already mandates that law enforcement agencies must cooperate with federal immigration authorities or face losing state funding and possible criminal charges. The new legislation expands this by allowing citizens to sue local officials who fail to comply. Immigration advocates fear that this law could create widespread panic, especially as ICE officials may increasingly conduct arrests at homes, churches, and schools.

Similarly, Louisiana passed a law last year requiring law enforcement to enforce federal immigration laws. Earlier this month, Louisiana Attorney General Liz Murrill sued the Orleans Parish Sheriff’s Office for allegedly violating the state’s ban on sanctuary policies. The sheriff’s office currently limits ICE detention requests and requires court authorization for immigration agents to interview detainees.

In South Dakota, newly sworn-in Republican Governor Larry Rhoden signed an anti-sanctuary law as his first legislative action. The law prohibits local policies that restrict communication with federal immigration officials, though it does not impose penalties.

Other states, such as Florida and Tennessee, have implemented stricter measures. Florida’s law allows the attorney general to sue local governments that refuse to comply with federal detention requests, with penalties of up to $5,000 per violation. Tennessee’s law goes even further, making it a felony offense for local officials to approve sanctuary policies, with punishments including up to six years in prison.

In Wyoming, a proposed bill would not only ban sanctuary policies but also prohibit residents from introducing them through petition initiatives. The legislation imposes severe penalties, including cutting state funds for non-compliant counties, cities, or towns. Local officials who refuse to cooperate with federal immigration enforcement could face 5–10 years in prison and fines of up to $20,000. Republican state Rep. Joel Guggenmos admitted there are no sanctuary jurisdictions in Wyoming but introduced the bill as a preemptive measure.

In New Hampshire, lawmakers have advanced two separate bills targeting sanctuary policies. One version would allow the state attorney general to sue local governments that prohibit the enforcement of federal immigration laws, imposing fines equal to 25% of their state funding. Another version omits the fine but includes stricter guidelines for local governments to cooperate with federal immigration authorities.

What Is a Sanctuary City?

A sanctuary city refers to cities, counties, or states in the U.S. that have adopted policies limiting cooperation with federal immigration enforcement agencies, such as Immigration and Customs Enforcement (ICE). These policies aim to protect undocumented immigrants from detention and deportation. Sanctuary jurisdictions typically do not allow local law enforcement to hold individuals for ICE without a warrant, restrict ICE access to local jails, or prohibit officers from asking about immigration status.

The primary goal of sanctuary policies is to create a safe environment for immigrant communities, ensuring that people are not detained or deported solely based on their immigration status. However, these policies have become a major point of contention between Democratic and Republican leaders, with Republican-led states now pushing for stricter enforcement and severe penalties against sanctuary jurisdictions.

In the next issue, we will explore which U.S. cities, counties, and states are designated as sanctuary jurisdictions.