FAIR Investigative Report: Federal Takeover of DC Police Presents Opportunity to Dismantle Unlawful Sanctuary Policies and Align with National Immigration Priorities
'President Trump's decisive action to federalize MPD is a game-changer for immigration enforcement in D.C., where sanctuary policies have long shielded illegal aliens from accountability and turned our capital into a haven for criminals,' said Dale Wilcox, executive director and general counsel of FAIR. 'Our report exposes how these policies violate federal supremacy and outlines clear steps for MPD and prosecutors to align with national priorities, ensuring that no one gets a free pass based on immigration status.'
Key findings and recommendations from the report include:
D.C.'s Sanctuary Policies Are Unlawful: The report analyzes how D.C.'s restrictions on cooperating with federal immigration authorities — such as bans on immigration status inquiries and honoring ICE detainers — conflict with the Immigration and Nationality Act (INA) and are preempted under the Supremacy Clause of the Constitution. The report also discusses how these policies exceed the District's authority under the Home Rule Act.
Opportunities for MPD Under Federal Control: The report examines how President Trump has unequivocal authority under the D.C. Home Rule Act to direct a federalized MPD to bypass the District's unlawful sanctuary policies. In light of this, the report recommends that MPD implement routine immigration status checks during arrests, work with other D.C. agencies to honor ICE detainers, and report non-citizen arrestees to ICE.
Prosecutors Must Reject 'Immigration Neutral' Practices: The report critiques endorsements by prominent D.C. figures of reforms favoring leniency for criminal aliens and urges even-handed prosecutions that don't advantage alien defendants at the expense of U.S. citizens. The report recommends that the U.S. Attorney for D.C. and the D.C. Attorney General adopt policies prohibiting immigration-based leniency, pursue maximum charges to trigger federal jurisdiction, coordinate with ICE as they handle cases, and track prosecution outcomes for alien defendants.
'Sanctuary policies in D.C. not only endanger residents but also undermine America's sovereignty,' said Mateo Forero, FAIR's director of investigations. 'We will continue to monitor developments in the District and will expand our investigation where appropriate — including through possible public records requests to hold government stakeholders accountable.'
CONTACT: Ira Mehlman, 1-213-700-0407, imehlman@fairus.org
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