by Ernesto Castañeda, PhD. Director of CLALS and the Immigration Lab, American University
Photo Credits to Jeff Haynes/AFP/ Getty Images in “Churches have a long history of being safe havens — for immigrants and others.”
The term “sanctuary” dates back to late-imperial Rome and pre-16th century Western Europe, when temples, monasteries, and churches were places where victims, run-away serfs, and fugitive criminals were provided protection from local or remote government authorities. Religious houses would provide temporary protection to walkers who wanted to protect themselves from crooks or lords based on the Christian traditions of intercession between persecuted individuals and political authorities, and the ability of religious authorities to provide penance and to rehabilitate people through faith, prayer, and sometimes communal labor or what we would call now “community service.” Churches and hostels along pilgrimage routes welcomed strangers, who were protected due to their participation in religious rituals en route to shrines and sacred places. Think of today’s walking pilgrimages on the road to Santiago de Compostela in Spain and the hostels and inns along the way. Authorities would then recognize this practice. Emperor Constantine, “guaranteed sanctuary in Christian churches in 324 C.E.” (Rabben 2011: 55). Pope Leo I also wrote about sanctuary and gave Bishops the role of intercessors and advocates in favor of fugitives (Rabben 2011: 56).
The early practice of providing sanctuary in Europe is similar to how churches, along with religious and activist networks, were used to construct the Underground Railroad in the United States during slavery. This secret network helped enslaved people escape the South to free states, Canada, or Mexico. Harriet Tubman, a key figure in this movement, was deeply motivated by her religious faith and played a crucial role in freeing others. Her mission to help free enslaved people would not have succeeded without the support of White allies, who were less likely to raise suspicion.
Starting in the 1980s, a group of U.S.-based religious activists, State Department workers, journalists, and human rights activists helped people fleeing political persecution in El Salvador and Guatemala. These individuals were escaping U.S.-backed dictatorial regimes and sought safety in American cities like Los Angeles, San Francisco, and Washington, D.C. James Cobert, an activist Quaker, would call it a “pro bono coyote operation … the activists would help Salvadorans cross into the U.S., then hide people’s homes and in churches until it was safe to interior of the country” (Blitzer 2024:60). Soon after immigration agents dragged a Salvadoran teenager from a Lutheran Church in LA after an outcry by parishioners, the local INS Director produced an order, “in essence, saying the church is a sanctuary, but it is not established in law” (Blitzer 2024:69). This marked the birth of the modern sanctuary movement in the United States. Individuals acted because the U.S. government was unwilling to accept people from these countries as refugees, all while helping the regimes that caused their migration.
These actions partly merged with a nascent immigrant rights movement in the U.S., paralleling movements in France, where undocumented immigrants sought protection from deportation by living inside churches in Paris and other cities. With media coverage, public support, and pressure, some of them were able to legalize their status after months of living in sanctuary.
At some point, larger jurisdictions, including cities, started declaring themselves “sanctuary cities.” However, this is largely a symbolic self-declaration. There is no federal legal definition because there is no federal ‘sanctuary’ law that specifies what this entails or what protection it guarantees. The practical meaning happens on a case-by-case basis. Though generally, these cities are places where there is tolerance for foreign-born, minority, and undocumented populations.
After the end of the Obama administration, authorities in major cities such as New York and Los Angeles began adopting policies more friendly to undocumented migrants. One of the most important policies and practices is the type of collaboration they have with federal immigration agencies. When the local police arrest a person, their immigration status may come up, and with it the question of whether to notify federal immigration authorities, such as ICE, automatically or only in cases involving major crimes. When ICE finds that an undocumented person has been arrested, they may ask local authorities to hold them so that ICE can pick them up. Under agreements following Section 287(g) of the Immigration and Nationality Act, many jurisdictions, particularly in Republican-led Southern states, actively cooperate with ICE to seek the prosecution of undocumented people through federal agencies. In these areas, local police and sheriffs can become deputized to work as immigration law enforcement agents. Most sanctuary cities do not automatically cooperate in this way; what matters is whether they prioritize prosecuting actual crimes or primarily focus on identifying individuals who are circumventing immigration law, which is part of civil law, not criminal law.
The key issue is whether local police wait for federal immigration authorities to intervene and sometimes initiate deportation proceedings, or release individuals who have not committed a serious crime. This is where local discretion is crucial and where being in a sanctuary city or not can make a significant difference.
Because each state or local authority has its own laws, policies, and practices, local police departments, even those within the same metropolitan area, may or may not collaborate with federal immigration agencies.
While living in a sanctuary city may offer some protection, there is no guarantee that local or federal authorities will not verify immigration status. Most immigrants understand this reality, so they try to limit their activities to home and work as much as possible, keep a low profile, and are extra careful not to commit crimes or violate any laws. This is partly why crime rates are significantly lower for immigrants than for U.S.-born people. Many immigrants distrust the police, so they avoid standing out and may refrain from driving or leaving home unnecessarily.
But the Trump administration, like other Republican administrations in the past, is seeking maximum possible coordination and collaboration. The number of 287(g) agreements has increased, and Florida is the state with the most of these agreements.
Zoom in and see more details on the ILRC’s interactive map here.
In the contemporary United States, there has not been a true ‘sanctuary’ city, where federal agencies like ICE cannot arrest and initiate deportation proceedings. It is not true that an undocumented person can simply arrive in a sanctuary city, request asylum, and be protected from deportation.
ICE agents have the authority to conduct raids in factories, stores, restaurants, as well as in public places and private residences, with certain limitations. ICE can do so with or without court orders, and they often do not inform local authorities in sanctuary cities ahead of time.
Nevertheless, Trump and other Republican politicians have verbally targeted sanctuary cities and accused them of “protecting” undocumented people. They also say that sanctuary means immigrants abusing social programs. In reality, this is rarely the case as immigrants use welfare programs at lower rates than other groups. They pay more taxes and receive retirement benefits than others, even after retirement, because they cannot access Social Security payments, despite having contributed to the system. Immigrants often don’t ask for tax returns for overpaid, and many do not access assistance programs that they have the right to, so as not to be seen as a public charge.
The refusal of sanctuary cities to cooperate with federal immigration agencies does not render these cities more dangerous or unlawful. Nonetheless, the federal government has threatened to withhold resources from sanctuary cities.
The White House is currently trying to favor state and local authorities that align with its immigration policies. Republican administrations, such as those of George W. Bush and Donald Trump, have attempted to incentivize local authorities with resources to perform federal tasks, including reviewing immigration status and signing 287(g) agreements.
On his first day in office, President Trump signed a series of executive orders on immigration that permitted federal agents to search for undocumented people in churches, schools, and hospitals—places that were previously considered “sensitive” and that should be exempt from immigration enforcement and raids. Even a church stopped offering masses in Spanish in fear that Latino migrants would be targeted.
“Border czar,” Tom Homan openly spoke of targeting Chicago because of its sanctuary policies. Chicago and the state of Illinois are both governed by Democrats. Mayor Brandon Johnson and Gov. JB Pritzker have defended their support for sanctuary city laws known as “Welcoming City” ordinances. Tom Homan, along with the Secretary of Homeland Security, Kristi Noem, occasionally accompany immigration enforcement agents in field operations—often for media coverage and to put pressure on local authorities to collaborate with federal authorities.
Even with sanctuary status, there is not much a mayor can do to prevent ICE from conducting raids or apprehensions. In addition to Chicago, other cities that have recorded raids or operations by federal agents include Denver, Houston, San Antonio, Miami, and Atlanta, and increasingly around the country.
A college campus that calls itself a sanctuary campus does not provide any legal protection from deportation to people within its community. The important thing is that administrators, faculty, and university members treat everyone with respect and good intentions. Undocumented people have the right to attend public schools and attend college as well as graduate and professional schools, but unless they are under DACA, they are not protected from deportation under current laws. Something that is long overdue for Congress to fix.
Mass deportations happened during the Biden and Obama administrations, but there was less day-to-day media follow-up of these deportations. Now, there is much more attention from the public to what is happening and how it is being done.
This is partly because of the central role that Trump has given to mass deportations in his political agenda. Along with Homans, Noem, and Stephen Miller, Trump wants to conduct deportations on a larger scale, at a faster rate, and more aggressively than ever before in the United States. While doing so, they are violating many rules, including immigration law procedures, due process, and other constitutional rights.
Going back to the beginning of the tradition of sanctuary, if citizens want to protect undocumented members of their communities from deportation, asking their city, town, or campus to declare themselves a sanctuary is not enough. They must call for amnesty in the mid- and long-term, and in the short term, they would have to take matters into their own hands, as monks and priests have done in the past. They have to revive underground railroads and do what the families hiding Anne Frank and others did to protect them from Nazi roundups, as depicted in the powerful series “A Small Light.”
Edited by Katheryn Olmos. This piece builds on a piece published in Spanish on BBC News World, 28 January 2025, based on an interview with Castañeda by Darío Brooks.
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