Legislation is moving through Congress to make it possible for Americans to sue sanctuary cities whose policies restrict police from fully cooperating with federal immigration laws. More specifically, it allows victims and their immediate families to take legal action if they have been impacted by a crime due to those regulations.
The Sanctuary City Accountability Act (SCAA), proposed by Congressman Darrell Issa (R-CA), was first introduced in September 2024, but after some delays, it is now moving forward and will likely soon go through the House Judiciary Committee.
Not surprisingly, there is much opposition to the proposal. Under California’s current sanctuary law, passed by former Governor Jerry Brown in 2017, local authorities only cooperate with federal agencies for certain crimes, such as child abuse or torture. This has caused some ambiguity. According to the county ordinance, “This loophole has allowed the transfer of some individuals to ICE and notifications to ICE of release dates, leading to the deportation of our community members and the separation of families in our region.”
But in December last year, the San Diego County Board of Supervisors voted to ban any assistance with ICE, turning it into what some call a “super sanctuary” county. Jim Desmond, a Republican board member, was the only person to vote against it. “Today’s outrageous decision to turn San Diego into a ‘Super’ Sanctuary County is an affront to every law-abiding citizen who values safety and justice,” he said in a statement on X. “This reckless measure not only goes far beyond California’s already extreme Sanctuary State laws but actively endangers our communities by shielding illegal immigrant criminals from deportation.” He continued: “Consider this: under this policy, law enforcement is prohibited from notifying ICE about individuals, in custody, who have committed violent crimes, including: Rape and stalking, Assault and battery, Burglary, Child abuse and more.”
Suing Sanctuary Cities
Issa’s proposed Sanctuary City Accountability Act defines sanctuary policies as those that limit ICE's enforcement, such as not complying with detainer requests and not allowing the agency “to interview incarcerated aliens.” It will reportedly build on the Clear Law Enforcement for Criminal Alien Removal Act (CLEAR), another proposal that would direct local authorities to work with federal agencies on illegal immigration concerns. The bill states:
"Any individual who is a national of the United States may bring a civil action in an appropriate district court of the United States against a sanctuary jurisdiction in which an alien was located if that alien commits a crime against that individual, or an immediate family member of that individual, in the sanctuary jurisdiction, or in any other jurisdiction to which the alien later relocates, for such injunctive relief or compensatory damages as may be appropriate.”
Issa told Fox News Digital in a statement that the Biden administration “forced San Diego County onto the front lines of its relentless border crisis and now fringe Democrats in the County are trying to do the same.” He added, “The people in my district want no part of policies that have contradicted our laws, blocked law enforcement, and gotten innocent Americans killed. Mark these words: Sanctuary policies are going away.” His district includes parts of San Diego County.
San Diego is a border city with Mexico and a hub for illegal immigration. Crossings there increased after Texas clamped down on illegal entry. In April last year, County Supervisor Desmond said San Diego was the new epicenter for migrants and illegal immigration. In just one day of that month, border patrol agents apprehended 2,000 illegals trying to get into the country, including 206 Chinese nationals. The surge in unlawful crossings pushed the city to the “unfortunate position of leading all nine southern border sectors in April, a trend unseen since the 1990s.”
During the same month, the San Diego sector reached 37,370 migrant arrests, which was up 10.6% from March 2024.
"For years, sanctuary cities have openly defied federal law and endangered the American people by not only shielding illegals from the consequences of their crimes but also ensuring they are allowed to remain free to victimize even more innocent Americans," Issa said. "It’s time to reset our system and put the law on the side of American citizens, not criminal illegals."
SCAA still has to go through the House Judiciary Committee, but a date has not been set yet for a hearing. Allowing citizens to sue sanctuary cities and states for harm done to them by illegal migrants is a bold proposal and will likely see several strong challenges against it. If passed, however, it may cause states and communities with sanctuary policies to reconsider their laws rather than face the countless lawsuits that will almost certainly head their way.
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