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Remember Chandra Levy: End D.C.'s 'sanctuary city' status
By: Tom Fitton, OpEd Contributor
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April 2, 2009
Did you know that the District of Columbia is a sanctuary city? Judicial Watch’s litigation uncovered documents that show that District police are prohibited from both investigating immigration matters and from communicating with U.S. Immigration and Customs Enforcement (ICE).
These sanctuary policies violate two federal statutes, 8 USC 1373 and 8 USC 1644. Generally speaking, these federal laws bar any official from prohibiting any other official from communicating with ICE about any person’s immigration status.
For example, 8 USC 1644 simply states that “Notwithstanding any other provision of Federal, State, or local law, no State or local government entity may be prohibited, or in any way restricted, from sending to or receiving from [ICE] information regarding the immigration status, lawful or unlawful, of an alien in the United States.”
In short, federal law gives individual police officers (and other local government officials) the right to ask ICE about anyone’s immigration status.
Chandra Levy’s alleged murderer, Ingmar Guandique, is an illegal immigrant from El Salvador. Just six days after Guandique allegedly murdered Levy, he was arrested on a burglary charge. Guandique did not speak English and had no Social Security number and no identifiable address.
After being questioned by the District’s “Pretrial Services Agency,” the agency that helps determine if a criminal suspect will be released on bail, Guandique was let go on a “personal promise” that he would appear at his trial.
Per the District’s sanctuary policy, federal immigration officials were not notified of his presence. And one can be sure that Guandique was never asked about his obvious illegal presence in the country.
Six days later, Guandique was in Rock Creek Park again, this time sexually assaulting a 30-year old woman at knife-point. Thankfully, the victim fought off Guandique and managed to survive.
Five weeks later Guandique showed up to plead guilty on the burglary charge and was released again onto the streets. Eleven days later he attacked again in Rock Creek Park. This time the victim was a 26-year old attorney. She also managed to survive.
One can only speculate as to whether or not stricter immigration enforcement would have prevented Chandra Levy’s death. But one thing we know for certain, it could have prevented two sexual assaults. Judicial Watch initiated a Freedom of Information Act request with the D.C. government find out if Guandique had any contact with District police prior to the Levy murder.
In the end, as a sanctuary city, our nation’s capital will continue to attract more dangerous people like Guandique. And, in the end, it is an innocent like Chandra Levy who pays the price for this lawlessness by the District government. There can be no doubt that sanctuary kills.
Congress is now considering an unconstitutional plan to give a congressman to District residents. If Congress were being truly responsible, it would be affirming federal law by legislating out of existence the D.C. government’s illegal and dangerous sanctuary policy.
This Chandra Levy Amendment would not only promote the rule of law in our nation’s capital, but send a signal to other major cities that continue to handcuff the police with illegal restrictions on immigration enforcement.
Tom Fitton is president of Judicial Watch, a constitutionally conservative, nonpartisan educational foundation that promotes transparency, accountability and integrity in government, politics and the law.
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