Sanctuary cities’ get-out-of-jail fail

Advocates sell sanctuary policies as a public-safety boon. Keep local police out of immigration enforcement, they argue, and immigrant communities will trust cops, report crime, and make everyone safer. But New York, Fairfax County, Virginia, and Chicago tell a different story.

When local authorities refuse to transfer removable criminal aliens already in jail, they do not neutralize danger. They return it to the streets, where law-abiding residents become prey.

Order requires one standard in the jail and courthouse, not a local veto over federal custody. Sanctuary policies reverse those priorities.

New York is making a strong bid to become America’s leading sanctuary snake pit. In May, Governor Kathy Hochul (D) signed the “Local Cops, Local Crimes Act,” which bans 287(g) agreements and contracts to house civil immigration detainees. These jail partnerships do not authorize “street raids.” They let local officials screen people already booked on local charges and transfer removable offenders to ICE in a secure setting.

The law also established an Orwellian “Office of Immigrant Trust” in Attorney General Letitia James’ office to enforce compliance. James warned the 12 law enforcement agencies that still had 287(g) agreements and sued the Rensselaer County sheriff after his office refused to terminate its agreement. Fifteen elected sheriffs, represented by the Federation for American Immigration Reform, filed a federal lawsuit, while Hochul dared opponents to “bring it on.”

The “Local Cops, Local Crimes Act” will not deliver the community safety its backers claim to seek. Ending 287(g) does not keep “local cops focused on local crimes.” If ICE later arrests the same person, agents must find and arrest him at large, using more officers and accepting more uncertainty and danger than a transfer from custody would require. Albany’s law forbids the orderly custody transfers that these agreements facilitate. It has also pushed veteran sheriffs into federal court to defend tools they use to protect their communities.

Fairfax County, Virginia, shows what happens when the sanctuary slogan becomes operating procedure. Sheriff Stacey Kincaid refuses to hold an inmate past a local release date based solely on an administrative ICE detainer. Her office requires a judicial warrant before it will extend local custody, though ICE issues detainers as administrative requests. Records from the sheriff’s office show that Fairfax declined 615 transfers over 16 months — 448 in 2025 and 167 in the first four months of 2026 — while transferring only 11 people to ICE.

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The Justice Department opened a civil rights investigation into Commonwealth Attorney Steve Descano’s plea-bargaining, charging, and sentencing policy, which directs prosecutors to consider immigration consequences. The department is investigating whether that policy discriminates against U.S. citizens. It has not reached a conclusion.

A House subcommittee later questioned Descano and Kincaid under oath. The record includes people whom Fairfax released despite ICE detainers and whom authorities later charged with new crimes, including murder. Fairfax and ICE dispute responsibility for at least one such release.

Defenders respond that Fairfax is not “harboring” anyone because ICE can still make street arrests. But jail transfers give agents the safest opportunity to assume custody; street arrests expose officers, suspects, and bystanders to more risk. When a county rejects hundreds of detainers, it does not prove illegal aliens commit less crime. It releases people federal officers have identified as removable and leaves ICE to find them elsewhere.

Prosecutors compound the problem when they shape charging or plea decisions to avoid deportation. A justice system that treats otherwise comparable cases differently based on immigration consequences creates a two-track courthouse. The Justice Department is investigating whether Descano’s office gave noncitizen defendants preferential treatment that citizens did not receive; it has not yet answered that question.

Chicago Mayor Brandon Johnson (D) has used executive orders and litigation to limit police cooperation with federal immigration enforcement.

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During the migrant surge that defined his early term, Chicago spent $639.6 million to house and serve 46,282 arrivals; 42%, about $269 million, came from the city’s corporate fund. Chicago now faces an $882.4 million budget gap for 2027, although city officials cite several drivers unrelated to migrant spending.

Chicago already has plenty of homegrown problems. What did residents gain from spending $639.6 million on a crisis that strained police stations and city services? Johnson offers platitudes and accusations of racism to anyone who asks.

Communities are safer when jailers transfer a removable offender from local custody instead of releasing him and forcing federal agents to hunt him later. Cities protect their budgets when they put lifelong residents ahead of noncitizens.

Order requires one standard in the jail and courthouse, not a local veto over federal custody. Sanctuary policies reverse those priorities. Lawmakers and voters must remove this pox from America.