Feds Sue New Haven Over “Sanctuary Policies”

by Thomas Breen and Dereen Shirnekhi

The Trump administration sued the Elicker administration Monday over New Haven’s “sanctuary policies” — arguing that the city unduly interferes with federal immigration enforcement.

Mayor Justin Elicker countered on Tuesday by stating that the federal lawsuit’s claims are “untrue” and “misleading” — and that New Haven’s “welcoming” order specifically requires city employees to follow federal law.

The U.S. Department of Justice sent out an email press release Tuesday morning about that lawsuit.

The 83-page complaint identifies the United States of America as the plaintiff and the State of Connecticut, Gov. Ned Lamont, state Attorney General William Tong, the City of New Haven, and Mayor Justin Elicker as defendants.

The lawsuit singles out Connecticut’s “Trust” Act as well as New Haven’s July 2020 “Welcoming City” executive order as unduly impeding federal immigration authorities and allowing for the safe harbor of “dangerous criminals” who are also undocumented immigrants.

“The New Haven Executive Order is in conflict with and reflects an obstacle to the Federal Government’s enforcement of the immigration laws, is expressly preempted by 8 U.S.C. §§ 1373, 1644, unlawfully regulates the Federal Government, and discriminates against federal immigration enforcement,” the lawsuit states. “Specifically, in rejecting congressionally authorized means of enforcing federal immigration law, including detainers and administrative warrants, the Executive Order unlawfully regulates the Federal Government. By prohibiting information sharing with federal immigration authorities in most instances, the Executive Order acts to single out federal immigration authorities for disfavored treatment and frustrates the system of cooperation contemplated by federal law.”

“For years, Connecticut communities have paid the price of these misguided sanctuary policies,” U.S. Assistant Attorney General Brett Shumate is quoted as saying in Tuesday’s press release. “This lawsuit seeks to end such open defiance of federal law.”

New Haven’s order does state the employees should abide by federal law: The order prohibits city employees from “inquiring” about or trying to “ascertain” a person’s immigration status — “unless required by state or federal law.” It also bars the city from making immigration-related arrests. Read the full policy here.

While the July 2020 executive order was signed by Mayor Elicker during his first year in office, New Haven has long restricted local law enforcement’s cooperation with federal immigration authorities, banning local police from singling out New Haveners solely because of their immigration status.

As Acting Police Chief David Zannelli said during a recent press conference about his appointment to be the city’s next permanent chief, “We don’t care about somebody’s documentation status. We care if you commit a crime or not.” If you commit a crime, he said, you will be arrested. “The status of someone doesn’t matter to the New Haven Police Department.”

Statewide, Connecticut has “honored” only 20 percent of 3,070 civil immigration detainers issued since 2020 by federal Immigration and Customs Enforcement (ICE), according to the complaint. Local officials in communities across the country have argued that their mission does not include participating in enforcement of federal laws.

Elicker made exactly that argument when responding to the lawsuit at an unrelated press conference Tuesday. “It is not our job” to enforce immigration laws, Elicker said. That is the job of the federal government.

“We’re proud to be a welcoming city and to welcome immigrants,” he said. “If people want to be a productive member of our community, we welcome you.”

Elicker also pointed out Tuesday that the federal complaint includes quotes from the city’s executive order “that have dot dot dot” and leave out the rest of the relevant part of the city’s order.

One such ellipsis-including part of the lawsuit states that the city’s executive order “forbids city employees from using their resources “to investigate, enforce or assist in the investigation or enforcement of any federal program . . .’”

The full section of that part of the executive order reads: “No New Haven officer or City employee shall use agency or department resources, including but not limited to monies, facilities, property, equipment or personnel to investigate, enforce or assist in the investigation or enforcement of any federal program requiring registration of individuals on the basis of race, gender, sexual orientation, religion or national or ethnic origin.”

The lawsuit by the Trump administration against the Elicker administration comes as the Elicker administration has signed on to three different lawsuits against the Trump administration over the past year. Those lawsuits seek to stop the federal government from withholding already-approved funds for cities that limit local cooperation with immigration enforcement and that look to combat climate change.

Elicker said on Tuesday he’s not surprised that the Trump administration has now singled him out, as he has been a vocal critic of the federal government’s immigration crackdown.

“We’re going to fight this lawsuit with all we’ve got,” he said.