Colorado Politics

5 takeaways from ‘sanctuary’ city hearing in Congress

Republicans on Wednesday pressed the mayors of Denver, Boston, Chicago and New York about their “sanctuary policies,” arguing that local rules precluding cooperation with federal immigration agents have effectively set the conditions that allow crimes against American citizens, while Democrats insisted that these cities are safer because they “welcome” immigrants living unlawfully in the country.

Here are five takeaways from the U.S House Oversight and Government Reform Committee’s hearing, which is ongoing. 

All eyes on Mayor Mike Johnston

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Republicans directed their toughest questions at Denver Mayor Mike Johnston, who perennially got interrupted and at times had a difficult time getting an answer in. 

In an exchange with U.S. Rep. Jim Jordan, the latter disclosed that a Tren de Aragua gang member held for more than a year released last week had to be tased by ICE members.

Jordan called Johnston’s testimony less than truthful when describing Denver’s actions as an effort to keep residents “safe.”

“That’s a lie,” Jordan said, noting the city’s actions did not protect federal agents.

According to a 9News Report, ICE notified Denver that it wanted Abraham Gonzalez held for 48 hours in an email sent about 90 minutes before his release.

Republicans suggest filing charges against mayors

U.S. Rep. James Palmer, R-Alabama, said that he would recommend obstruction of justice charges against “sanctuary city” mayors who do not comply with federal law. 

Johnston pushed back on that line of questioning, reiterating that Denver cooperates with federal officials on a variety of law enforcement issues.

“We are absolutely upholding the laws of the United States,” Johnston said.

Johnston said when the city finds out about criminal activity, they “actively and aggressively” pursue it.

Palmer said federal officials should consider pursuing charges against the mayors, arguing the latter are deciding which federal laws to follow and which ones not to.

U.S. Rep. Glen Higgins, a Republican from Louisiana, asked all the mayors if they are attending Wednesday’s hearing on advice of counsel. All four confirmed they had sought legal advice ahead of the hearing.

Higgins then listed American citizens who have been victims of crimes committed by individuals unlawfully staying in the U.S. told the four mayors their policies are helping those who commit crimes, emphasizing how the local governments are not working with ICE.

“We have had enough,” Higgins said. “America’s fed up with this betrayal of oath, and you’ll be held accountable. One of you said you’re willing to go to jail. We might give you that opportunity.”

That’s a reference to the Denver mayor, who earlier said he would protest President Donald Trump’s deportation plans himself and that he is “not afraid” of jail time, though he added he is also “not seeking it.”

In an interview on Fox News last year, Trump’s “border czar” pick, Tom Homan, said the administration can withhold federal funding from those who fail to cooperate.

“All he has to do is look at Arizona v. U.S., and he would see he’s breaking the law,” Homan said. “But, look, me and the Denver mayor, we agree on one thing: He’s willing to go to jail, I’m willing to put him in jail.”

Democrats defend cities’ ‘sanctuary’ policies 

Democratic members of the committee sought to defend the mayors and also their cities’ “sanctuary” policies. 

U.S. Rep. Maxwell Frost of Florida said the Trump administration is intimidating members of Congress when just trying to educate people about their constitutional rights.

He asked panel member David Bier, research fellow for immigration studies at the Cato Institute, how this impacts U.S. citizens.

“I have documented over 155 US citizens who’ve been targeted by detainer request, and they want to say we’re going to just take discretion away from state and local governments over detainer requests, even when someone is clearly a US citizen,” Bier said. “’Here’s my birth certificate’. Doesn’t matter. They’re going to disregard it. And so yes, I am well aware of the threat this administration posed to come from what we saw last few weeks.

When asked if U.S. citizens should be “scared of mass deportation” campaigns, Bier responded, “Oh, absolutely.”

U.S. Rep. Ro Khanna, a Democrat representing California’s 17th Congressional District, said he was struck by the Republicans’ position on immigration enforcement considering the party otherwise privileging state and local control. He asked the mayors to describe how they enforced mask mandates during the pandemic, including whether they would have had local law enforcement turn over violators to federal authorities.

“Do you see, Mayor Wu, any difference between a federal government asking you to enforce laws like ICE is doing, versus the federal government asking you to enforce a mask mandate, or, frankly, to enforce, to enforce gun laws that may not be what your local city department is focused on,” Khanna said to Boston’s mayor.

He asked if “the real issue here” was not about immigration but about federalism.

“My view is that we ought to have local government be able to use their police officers for their priorities,” Khanna said. “That, in essence, is federalism, and it actually used to be the conservative Republican position”

Define ‘sanctuary cities’

Committee Chairman James Comer dove right in, asking Johnston if Denver is a “sanctuary city.” While Johnston began to speak, saying “folks use that term differently.”

Comer cut off the mayor, “I take that as a yes.”

Comer took the same approach in pressing the other mayors. 

Later, Republican U.S. Rep. Scott Perry of Pennsylvania also pressed Johnston on whether Denver is a “sanctuary city,” a label the mayor said doesn’t apply.

“We call ourselves a ‘welcoming city,'” Johnston responded.

“Who are you welcoming? Are you welcoming criminals?” Perry asked.

Johnston said the city doesn’t “vet” anyone who arrives from Chicago or elsewhere at the airport or some other way.

Johnston stressed that Denver does not call “anyone” specifically to Denver but that, when “folks arrive, we provide the same services and access” for them to succeed. Johnston insisted that, if immigrants break the law, the city takes action. 

Boebert grills Mayor Johnston

In her questioning, U.S. Rep. Lauren Boebert said Denver Mayor Mike Johnston has blamed state law for Denver’s inability to coordinate with immigration officials.

Boebert asked whether Johnston will demand that the state law be repealed, but Johnston declines.

“We do coordinate with ICE,” Johnston replied, adding that the city hands over detainees when immigration officrs have a warrant, as the law requires, but Boebert asks whether Denver works with the feds before warrants have been issued.

Boebert pressed on, asking Johnston whether a 2017 Denver ordinance prohibits city employees from coordinating with federal immigration authorities and would be fired for talking to ICE. She asked whether city employees would be fired for talking to other federal agencies, such as the Environmental Protection Agency or Health and Human Services.

“Right now, congresswoman, we don’t ask people’s status,” Johnston said.

Boebert asked whether Johnston signed a $2 million contract to pay “Joe Biden’s former lawyer to cover your ass” at this hearing. Johnston said Denver’s city council approved a contract for legal advice.

U.S. Rep. Lauren Boebert asks unanimous consent to submit news articles to the committee’s record describing Denver’s “sanctuary” status and policies.

Reporters Nico Brambila, Ernest Luning and Deborah Grigsby contributed to this article.

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