Q&A: Sanctuary cities, immigrant IDs
Gov. Pat McCrory recently signed a law that he says does away with "sanctuary cities" for those in the U.S. illegally. What are sanctuary cities and what are the practical effects of the bill?
Posted — UpdatedBackers of the measure say it does away with sanctuary cities, a loosely defined term for local laws that curtail enforcement of immigration laws in favor of some other priorities.
However, the law's passage and coverage of the measure have raised questions with WRAL.com readers. Here are some of those answers:
Backers of policies that would generally fall under the label generally view the term as pejorative.
"Local governments" includes counties as well as municipal jurisdictions.
Even with a layman's definition at hand, there are arguments over what exactly earns a city "sanctuary" status.
Even if the term is used to describe a particular jurisdiction, it doesn't by itself convey exactly what policies might be in play. Measures can range from cases such as Asheville, in which city leaders expressed a desire not to inquire about immigration status unless necessary, to cities with specific policies such as Greensboro, where a local nonprofit issued identity cards to residents who might otherwise be undocumented, to cities that had given specific instructions to police agencies about how to deal with people who may be in the United States illegally.
However, the two sections that have proved most controversial and have been the subject of protests deal with identity documents and how local governments deal with immigration enforcement.
The documents provision bans state and local government officials from accepting two categories of identification:
- Matricula consular cards issued by the Mexican consulate or other similar identity cards, other than a passport, "issued by the consulate or embassy of another country."
- Identity documents created by a person, organization, county, city or other local authority except as specifically authorized by the General Assembly. For example, in Greensboro, the nonprofit FaithAction International House issues identity cards that have been accepted by the Greensboro police.
There is an exception for that second group of documents for certain law enforcement purposes, but by and large, government officials will be banned from considering identity documents not created by the federal, state or tribal governments.
"Anyone who needs a matricula consular card is not in the country legally," said Rep. George Cleveland, R-Onslow, a lead author of House Bill 318.
Opponents of the measure say that outlawing use of the consular cards is simply creating problems for those who deal with the public in schools, register of deeds offices and other government service roles. Some of those offices are required by federal law or court rulings to continue providing services to people who might have used a consular card but will now be forced to find ways to work around the ban.
"It's created some uncertainty and confusion for what are essentially administrative offices," said Sarah Preston, acting executive director of the North Carolina branch of the American Civil Liberties Union.
The final section of the bill bans city councils and boards of county commissioners from limiting how much their law enforcement agencies can work federal immigration enforcement. It also outlaws policies that would limit the gathering of information regarding immigration status from those who come into contact with law enforcement.
"They are going to avoid the police, and the sad part is they are going to avoid the police as victims, as individuals who have information of criminal activity and, sadly enough, as individuals participating in police-related activities," Lopez said.
Any state agency or local government, including cities, counties and local authorities such as water and sewer districts, are required to abide by the new law. This includes public school districts and county agencies such as registers of deeds and health departments and city agencies like police departments.
That raised questions because government officials are specifically prohibited from looking at matricula cards.
The legislation says government officials may not use two classes of documents to identify someone. The first class includes "a matricula consular or other similar document, other than a valid passport, issued by a consulate or embassy of another country." The second group involves "an identity document created by any person, organization, county, city, or other local authority, except where expressly authorized to be used for identification by the General Assembly."
According to Eddie Caldwell, general counsel to the North Carolina Sheriffs' Association, sheriffs and other law enforcement officers are forbidden from using consular cards issued by the the Mexican embassy and other foreign governments under any circumstances.
"If you see a (matricula consular card), you just treat it as if you don't see it," Caldwell said when asked what advice he gave sheriffs around the state.
Raleigh police spokesman Jim Sughrue said that police officers have always used a variety of documents when trying to identify someone, ranging from power bills and leases to gym membership cards. The law still gives police officers the flexibility to use a number of documents, but not the matricula card or documents like it.
Harrison says the Wake County Sheriff's Office wouldn't rely on a matricula card to identify someone, but his deputies might examine it similar to how they might look at other evidence.
"I wouldn't say, 'put that back in your pocket,'" Harrison said, adding that it might help establish whether deputies are dealing with someone who is trying to deceive them or telling the truth about who they are. "Something is better than nothing. It gives me something to work with."
That said, he emphasized, his deputies can no longer rely on the card as a way of establishing someone's identity.
The answer to this question may evolve over time, but experts WRAL News spoke with in November 2015 said that the law would not require police departments or sheriffs to change their policing procedures.
"Basically, it said to law enforcement to continue enforcing the law as you did before this issue came up," said Caldwell of the N.C. Sheriffs' Association.
Sughrue said that Raleigh officers rarely, if ever, ask about citizenship, and that is unlikely to change.
"We're going to follow the law," he emphasized.
House Bill 318 tells city councils and boards of county commissioners that they can't pass local ordinances or policies that hamper police from enforcing immigration laws, but it does not tell police agencies that they have to make some affirmative change.
"All we're really concerned with is whether a crime has been committed, is there something we can do to help the victim and is there a suspect who needs to be brought to justice," Sughrue said.
None of that, he said, requires officers to inquire about the immigration status of a crime victim or witness.
Kate Woomer-Deters, a staff attorney with the N.C. Justice Center, said that she could not speak to every police agency in the state, but most departments seem to be taking similar stances.
"If they didn't ask for an immigration status before, they can continue not asking about status," Woomer-Keters said. "We would maintain that they have discretion with regard to not asking."
However, she and others working for the Justice Center say they are fielding questions from people and organizations throughout the state about how the new law will work and what might change.
It doesn't.
To obtain a regular North Carolina driver's license, North Carolina requires several categories or documents, including ones that provide proof of a Social Security number.
"For purposes of school enrollment, parents are required to provide proof of domicile, which is generally satisfied by a lease, utility bill or similar document. A photo ID of some kind is generally requested to match the person who is registering the child with the proof of domicile, but this is not an inflexible requirement," said Michael Yarborough, a spokesman for the Wake County Public School System.
While it is clear that the legislation does apply to school systems, he said, it's unclear what, if any, adjustment Wake County or other school systems might need to make to their procedures. For example, schools may require an adult who is not a child's parent to show a photo ID before releasing the student if that adult isn't already known to the staff members at the school.
"At this point, we are working with our attorneys to discuss what the implications of HB 318 will be. Those details have not yet been determined," he said.
Like most schools, "Wake County officials make no inquiry into citizenship status and do not require passports, visas or other documents that undocumented aliens are incapable of producing," Yarborough said.
The office in each county that deals with marriage licenses and birth certificates is the register of deeds. As with school officials, registers across the state may find themselves trying to pick their way through various legal requirements.
"A register must comply with state law," said Charles Szpszak, a faculty member with the University of North Carolina School of Government who advises register of deeds offices.
In particular, Szpszak said, House Bill 318 "seems like a specific withdrawal of your discretion to consider matricula cards for any identification or residency purposes."
Preston, of the ACLU, points out that courts have found there is a constitutional right to marry in cases related to same-sex marriage.
But Szpszak said that, for the moment, House Bill 318 is the law of the land.
"If someone seeks a marriage license and cannot present identification that is acceptable under state statutes, that person may bring a constitutional challenge in the courts," he said, adding that, until then, registers of deeds have to follow instructions from lawmakers.
Do you have more questions about how House Bill 318 will work? The N.C. Justice Center is running a hotline to field questions from members of the immigrant community: 919-526-0676.
You can also email WRAL News reporter Mark Binker by clicking on his name below.
Related Topics
• Credits
Copyright 2024 by Capitol Broadcasting Company. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.