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Incoming top Trump administration official Stephen Miller issued a stern warning to sanctuary city/state leaders this week concerning the consequences of their ongoing actions.

Miller issued the warning to 249 sanctuary jurisdiction leaders in letters sent by his patriotic legal firm, America First Legal (AFL).

“Federal law is clear: aliens unlawfully present in the United States are subject to removal from the country, and it is a crime to conceal, harbor, or shield them,” the letters read. “It is also a crime to prevent federal officials from enforcing immigration law.”

“These laws were duly enacted by the people’s elected representatives. Under the Supremacy Clause of the U.S. Constitution, they are the law of the land and supersede any State or local laws to the contrary. In our democratic republic, all State and local officials must comply with them,” the letters continue.

You may read the letters in full here or listen below for a quick summary:

According to a press release from AFL, the letters stress five key points.

Points one and two are that “the federal government has ultimate authority over immigration” and that “federal law prohibits interfering with Department of Homeland Security (DHS) and state or local officials’ communications on immigration status.”

Point three is that “to conceal, harbor, or shield aliens is a federal crime.”

Point four is where things get interesting, as it specifically concerns sanctuary jurisdiction policies.

“Sanctuary jurisdiction policies can lead to criminal liability: Because sanctuary jurisdictions’ laws usually require multiple officials to coordinate their activities, all officials involved are liable under multiple federal criminal conspiracy statutes,” the press release reads.

“Therefore, employees working for an official implementing sanctuary policies may be at risk, even if they do not directly conceal, harbor, or shield an alien,” it continues.

Point five, which is that “sanctuary jurisdiction policies can lead to personal financial liability,” is also notable.

“Victims of crimes committed by aliens protected by a sanctuary jurisdiction may be able to sue officials involved in harboring that alien for triple damages under the federal Racketeer Influenced and Corrupt Organizations Act statute,” the press release notes.

“Also, public officials and employees who enforce or follow illegal sanctuary jurisdiction’s policies could face liability under the substantive due process state-created danger doctrine,” it continues.

The letter concludes with a powerful quote from former President Theodore Roosevelt.

“As President Theodore Roosevelt said, ‘[n]o man is above the law and no man is below it; nor do we ask any man’s permission when we require him to obey it. Obedience to the law is demanded as a right; not asked as a favor,’” the letter reads. “The American people have spoken through their representatives. Your jurisdiction’s sanctuary laws or policies therefore make a mockery of American democracy and demonstrate a shocking disrespect for the rule of law.”

“For these reasons alone, you should abandon them. But no matter your views on our Union, the fact of the matter is that you and the other officials who support or enforce sanctuary laws, policies, and regulations have a very personal stake in the matter – you each could face criminal prosecution and civil liability for your illegal acts. We urge you to do the right thing, protect your citizens, and comply with federal law,” it continues.

Democrats have not taken kindly to the letter.

“This is a scare tactic, plain and simple,” California Attorney General Rob Bonta’s office said in a statement issued to CalMatters.

Bonta’s office went on to claim that California Senate Bill 54, which was signed into law in 2017, protects sanctuary jurisdictions in the state.

“While we are unable to comment on the specifics of the letter, we want to be clear: SB 54 was upheld by the courts during the first Trump administration, and it prevents the use of state and local resources for federal immigration enforcement with certain narrow exceptions,” Bonta’s office said.

“SB 54 does nothing, however, to block federal agencies from conducting immigration enforcement themselves. California will continue to comply with all applicable state and federal laws, and we expect all local law enforcement agencies to do the same,” the statement continued.

Vivek Saxena
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