Preemption of Sanctuary Cities & Immigration

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This is the latest in a series of LSSC toolkits aimed at providing a one-stop-shop for all of the messaging, media, legal, and research resources associated with individual issue areas that are commonly preempted. Click here to view them all.

This document was last updated in April 2022.

Messaging 101

  • Immigrants are part of the fabric of our society – our friends and loved ones, neighbors, co-workers. 

  • Cities and municipalities have the right to enact local policies that protect the health, safety, and well-being of the people who live and work within their communities - and that includes policies that recognize the human dignity of immigrants.

  • Increasingly, however, some state lawmakers have enacted preemption laws that make it difficult for cities to offer immigrants sanctuary status.

    • In fact, in 2019 – prior to the pandemic – anti-sanctuary cities and anti-immigrant bills were the most commonly introduced preemption bills. 

  • This type of preemption is mean-spirited and dangerous -- and also blatantly political in nature. Preemption of sanctuary cities and other anti-immigrant policies are frequently driven by the American Legislative Exchange Council (ALEC), a conservative model bill mill that churns out pro-corporate legislation dispersed across the states.

    • ALEC continued to lead the charge against sanctuary cities in 2021, even as the pandemic raged. They circulated a bill template that effectively banned sanctuary cities by creating new crimes for people without federal immigration papers, and allowing private suits against police if they do not “fully” enforce immigration laws. 

    • Other states have enacted bills that would require localities and universities to comply with federal immigration officials or face criminal or civil penalties.

  • Preemption of sanctuary cities and other immigration policies are often punitive in this way – meaning the state threatens legal action against, or the withholding of funds to, municipalities that are simply seeking to protect immigrants.

Media Examples

Other Resources

Adam Polaski