The Federal Government Expects Cooperation

On June 3, 2025 we provided information from the Department of Homeland Security (DHS) where it named Philadelphia, Chester, Delaware, and Montgomery Counties as sanctuary jurisdictions. However, at least a couple of those counties pushed back at that label. As a result, DHS removed the list, and, in accordance with Presidential Executive Order “Protecting American Communities from Criminal Aliens,” worked with the Department of Justice (DOJ) to identify those states, counties, and cities that “use their authority to violate, obstruct, and defy the enforcement of Federal immigration laws.” A new list was recently published by the DOJ, which names only Philadelphia, locally, as a sanctuary city. Although this is good news for now for the collar counties, what does this mean legally for Philadelphia? What makes it a sanctuary city? How might the city’s budget and taxpayers be impacted?

A jurisdiction will be called a sanctuary city, county, or state if it publicly declares itself to be one, or if it enacts laws or ordinances limiting or eliminating either the financial resources toward immigration enforcement efforts or the cooperation of local law enforcement with federal agents.

Additionally, if the entity refuses to honor Immigration and Customs Enforcement (ICE) detainer requests or restricts federal agents from questioning a detainee, then it could end up on this list. If cities or counties provide training to employees and local law enforcement on ways to enforce local sanctuary ordinances and decline ICE requests for information, then they are at odds with federal immigration law.

Finally, if a jurisdiction has an “Immigrant Community Affairs Officer” whose job it is to advise illegal immigrants on methods to evade federal law enforcement, then it’s like a neon sign flashing, “We Will Not Comply!”

With the release of the updated list, Attorney General Pam Bondi promised to bring legal action against sanctuary cities whose policies continue to put federal agents’ and citizens’ lives at risk. Criminal illegal aliens, including child and sex traffickers, are allowed to walk freely through the streets of sanctuary cities, counties, and states. The DOJ has already filed suit against New York City, Los Angeles, Colorado, Illinois, New York State, and others claiming that the policies, ordinances, and laws violate the Supremacy Clause of the U.S. Constitution. One jurisdiction, the City of Louisville, KY already changed its sanctuary policies under threat of litigation. Litigation warning will be coming Philly’s way. Will Philadelphia litigate to keep its sanctuary policies? Mayor Parker continues to allow the 2016 Executive Order of Mayor Kenney to stand. That order prohibits the city from honoring ICE detainer requests without a warrant, which is just one of the issues that puts Philadelphia on the sanctuary list. Mayor Parker could rescind that Executive Order and other city policies. Will she bend or will she litigate?

A large part of Philadelphia’s budget, about $2 billion, comes from federal grant and project funding. If the city is not abiding by federal immigration law, then could those grants be at risk? Given the Protecting American Communities from Criminal Aliens Executive Order, it is likely that the government will try to use federal funding as leverage to encourage Philadelphia to amend its policies and align with federal immigration law. However, the expected grants may be safe for the moment.

The DOJ attempted to link immigration compliance with grant money during the first Trump Administration and Philadelphia sued. On February 15, 2017, the U. S. Court of Appeals for the 3rd Circuit ruled that the DOJ could not put conditions on federal criminal justice program grants. If the federal government attempts to impose conditions on any other grants, we can be sure that Philadelphia will fight to keep the sanctuary policies and the grants!

But, who is paying to either initiate litigation against the federal government or defend against it? However you slice it – it’s the TAXPAYERS who pay! Will Philadelphia continue to expect its taxpayers to support this “welcoming” and “inclusive” city as it harbors illegal immigrants and fights litigation? Or, will it start looking out for its citizens first?

As the Constitutional Convention ended in 1787, Benjamin Franklin was asked if the delegates produced a monarchy or a republic. Franklin replied, “A republic, if you can keep it.”

We are trying to keep this republic that we love and hold our representatives accountable to the people. Join us in that mission and share this Update with your contacts!