Philadelphia, a target of the Justice Department’s initiative to identify “sanctuary cities” across the country, says it doesn’t deserve that label and shouldn’t be subject to federal sanctions.
In a lengthy letter obtained by the Washington Examiner dated June 22, the city of Philadelphia told the Justice Department it is not in violation of federal immigration law.
In April, the Justice Department put nine so-called “sanctuary” jurisdictions on notice — including Philadelphia— warning them in a letter they had until June 30 to submit documentation proving they are in compliance with a federal statute that requires them to communicate with federal officials about immigration matters or risk losing Office of Justice Programs’ Justice Assistance Grant funds.
Sozi Pedro Tulante, Philadelphia’s solicitor, argues in his letter to the Office of Justice Programs that the city’s policy “restricting asking about or collecting immigration status information from people it encounters” is consistent with the relevant federal statute cited by the Justice Department, 8 USC § 1373.
“The federal statute does not require cities to inquire about or collect immigration status information, but only prohibits cities from restricting the sharing of that information if they have it,” reads the letter.
Tulante also argues that the city does not collect or seek immigration status information from witnesses, crime victims or “law-abiding persons seeking City benefits and services” because declining to do so “promotes cooperation between members of the immigration community and law enforcement.”
Philadelphia officials have said they received $1.7 million in funds from the Office of Justice Programs for fiscal year 2016, which has been used mostly for police overtime and training.
In the letter, Tulante emphasizes the grants’ importance to the Philadelphia, calling them “a staple of the City’s law enforcement programs” that have “supported innovations in everything from courtroom technology, to prisoner reentry, to youth violence prevention.”
“Philadelphia believes that the foundation of a safe city is a strong community. Our officers have worked hard to gain the trust cooperation of City residents, crime victims, and witnesses — regardless of their immigration status — and these efforts are showing results,” the letter reads, noting that violent crime in 2016 was at its lowest level since 1979.
The Justice Department also sent warning letters to Sacramento, Chicago, Cook County, Ill., New Orleans, Las Vegas, Miami, Milwaukee and New York City in April.
