President-elect Donald Trump’s incoming border czar has a message for any individual or jurisdiction that directly impedes the work of an Immigration and Customs Enforcement (ICE) agent: prepare to face the consequences. Since Trump’s election victory in November, an increasing number of Democrat-led cities and municipalities across the country have either ushered in new sanctuary laws or doubled down on policies already on their books. Tom Homan — the former acting director of ICE who has been tapped by the president-elect to lead nationwide deportation efforts — says that these jurisdictions have a right to stand aside and not help deportation officers, but if they obstruct justice and blatantly block the agency from its mission, the possibility of charges are on the table. “There are federal statutes on the books for knowingly concealing and harboring an illegal alien away from ICE officers,” Homan said to the Daily Caller News Foundation. “There are statutes on the books about impeding federal law enforcement officers – they’re all felonies.” “Now these sanctuary cities cannot assist – ok, that’s fine. They can stand aside, that’s fine, but they cannot cross that line,” Homan continued. “If they cross that line, we’ll be asking the attorney’s office to consider prosecution.” The declaration could be the beginning of a showdown between the incoming administration — which has vowed to implement the largest deportation operation in U.S. history — and a number of liberal enclaves attempting to shield illegal immigrants from federal immigration law. The Los Angeles City Council in November fast-tracked an ordinance that designates the city as sanctuary haven for illegal migrants, barring local resources from being used for immigration enforcement. Similar actions have been taken with Boston City Council members voting to reaffirm their city’s sanctuary status, San Diego County supervisors voting to expand their sanctuary laws by eliminating exceptions for migrants involved even in serious crimes and elected officials in Arlington County, Virginia also choosing to double down on their sanctuary policies following Trump’s presidential victory. In what could shape up to be the largest resistance scheme to date, California Democrat Gov. Gavin Newsom’s office is reportedly mulling the creation of an “Immigrant Support Network” that would connect illegal migrants facing the prospect of apprehension and deportation with an array of resources and services. While there is no official definition of a “sanctuary city,” the phrase generally refers to any locality that helps protect illegal migrants from ICE by having laws or other policies in place that prevent local law enforcement from assisting federal immigration officers. These laws generally prevent local officials from alerting ICE when an illegal migrant is in their custody or honoring an ICE detainer for any illegal migrant in their custody. While many Democrat-led cities have vowed to not help the Trump administration carry out its hawkish border agenda, some elected officials have hinted at taking it further. Denver Mayor Mike Johnston suggested to a local outlet in November that he would have the Denver Police Department dispatched at the county lines to keep ICE agents out. While Johnston later backtracked on that particular idea, his comments spawned debate on what local officials are legally allowed, and not allowed, to do in opposition to immigration enforcement. “There’s certainly some tough talk coming from these mayors in sanctuary cities, but we’ll see how that plays out in reality,” Eric Ruark, research director for NumbersUSA, a Washington, D.C.,-based group that advocates for less immigration into the country, said to the DCNF. He added that a lot of the rhetoric coming from sanctuary city mayors is likely just bluffing: “I think that’s what we’re seeing now – political posturing as opposed to outlying a course of action.” “I doubt you’re going to see the Denver mayor going out and physically resisting federal agents who are trying to carry out immigration enforcement, but if he does, certainly that’s a violation of the law for which he can be prosecuted,” Ruark added. Prosecutions for such actions have taken place in the past. One of the most notorious cases involves a judge in Massachusetts who, during the first Trump administration, allegedly allowed an illegal migrant in her courtroom to escape through a backdoor in order to evade an ICE agent who she knew was waiting in the lobby to apprehend him. Prosecutors charged that judge, Shelley Joseph, in April 2019 with conspiracy to obstruct justice and obstruction of justice for her actions. In an agreement with federal prosecutors to drop the charges in September 2022, she allowed her case to be referred to the Commission on Judicial Conduct, which is tasked with investigating misconduct allegations by members of the bench. Earlier in December, the Commission issued its report, accusing Joseph of “willful judicial misconduct” and committing actions that were “unbecoming” of a judicial officer. “That’s what should be done,” Ruark said of the case. “She [allegedly aided] and abetted an illegal alien at a courthouse.” Beyond the passage of sanctuary laws and the possibility of outright obstruction, resistance to Trump’s immigration agenda will likely take other forms, Ruark added. Like in the first administration, many anti-ICE and open border organizations will likely ramp up litigation in an effort to block or at least slow down progress on immigration enforcement reform. The American Civil Liberties Union, a behemoth liberal organization, filed more than 400 legal actions against Trump and his first administration since 2016, with a large portion targeting immigration directives — and the group has pledged to go to court again once Trump resumes office. However, Ruark believes that Trump is walking back into the White House more informed and armed with better talent this go-around. “The Trump administration is going to come in with people like Homan who understand the system, how it works, and how the law works,” he said to the DCNF. “I think that will be very different this time than in Trump’s first term where they would try to figure it out.” “The staffing is going to be much better on immigration and I think they’re going to have a plan to not only carry out enforcement, but how to win in court,” he continued. “I don’t think they will have as much of a problem defending in court many of their policies.” Homan told the DCNF that the American people can expect to see a dramatic increase in immigration enforcement and the resurrection of a number of Trump-era policies, such as a return of the Remain in Mexico program, the re-implementation of Safe Third Country agreements, more construction of the U.S.-Mexico border wall and a reorientation of ICE enforcement policies. The incoming border czar appeared unfazed at the prospect of stiff resistance to the ambitious agenda he has in store for the country. When asked about the individuals who have gone so far as to threaten him and his family over his policies, he just had three words to say: “Come get some.” (Featured Image Media Credit: Screen Capture/CSPAN) All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.
