Exactly what court order the Trump administration is using to base its declaration that Rhode Island is defying federal immigration policy remains a mystery. But the head of the state’s chapter of the American Civil Liberties Union (ACLU) has a theory.
The state as well as Providence and Central Falls, are on a list of 500 “sanctuary jurisdictions” that may lose federal funding released Thursday night by the U.S. Department of Homeland Security. The list was compiled based on factors like noncompliance with federal law enforcement, information-sharing restrictions, and giving legal protections to undocumented immigrants, the department’s website stated.
The website also states that Rhode Island made the list because of a “Court Order Requiring State Sanctuary Requirements.” Rhode Island Current reached out to Homeland Security for specific details and received a statement reiterating the designation factors on the department’s website.
Steven Brown, executive director of the ACLU of Rhode Island, hypothesized that the federal government may be citing a 2014 federal court order that ruled police officers in Rhode Island cannot hold a person in custody based upon a U.S. Immigrations and Customs Enforcement (ICE) detainer alone for more than 48 hours.
“It’s a very basic Fourth Amendment law,” Brown said in an interview. “And it appears the Trump administration is upset that the Constitution prevents them from doing what they want to do.”
The Department of Homeland Security’s list was published as part of an executive order issued by President Donald Trump April 28, mandating federal officials identify and publicly highlight jurisdictions that “refuse to cooperate with federal immigration authorities.”
“These sanctuary city politicians are endangering Americans and our law enforcement in order to protect violent criminal illegal aliens,” Homeland Security Secretary Kristi Noem said in a statement Thursday. “We are exposing these sanctuary politicians who harbor criminal illegal aliens and defy federal law.”
The announcement from the Department of Homeland Security states each jurisdiction on the list will receive a formal notification of its “noncompliance” with federal policy and must immediately review and revise its policies to align with the Trump administration.
No notices received yet
Gov. Dan McKee’s office has not received any notification as of Friday, said spokesperson Olivia DaRocha. Officials in Central Falls and Providence said their cities have not received any notice either.
“As we have always stated, Rhode Island cooperates with ICE on the lawful detention of criminals in accordance with a binding federal court ruling,” DaRocha said in an emailed statement, referring to the 2014 court order.
Providence Mayor Brett Smiley said in a statement that he has no plans to change the city’s existing policy regarding immigration. Police officers are prohibited from asking about someone’s immigration status and from holding a subject “based exclusively” on an administrative detainer, nor are they allowed to arrest suspected undocumented individuals unless federal immigration officers provide a criminal warrant signed by a judge.
“The Providence Police are not and will not be immigration officers and are better able to keep our community safe with this policy,” Smiley said. “Providence remains committed to being a safe and welcoming city for all.”
Smiley added that the city remains fully compliant with federal law and does not violate any federal regulations.
Central Falls in 2019 enacted its own ordinance that prohibits local police officers from questioning people about their immigration status without probable cause, bars any compliance with detainer requests made without a warrant, and ensures municipal services are available to all residents regardless of their citizenship.
Central Falls Mayor Maria Rivera, in a statement, said her city stands by its values and community.
“Our ordinance is legal and makes our city safer –– building a stronger foundation for public trust in our local police department,” Rivera said. “Together with the city of Providence, we won this fight before during the first Trump Administration.”
Rivera was referring to a 2018 lawsuit against the U.S. Justice Department over requirements that recipients of a federal criminal-justice grant, known as the Edward Byrne Memorial Justice Assistance Grant, cooperate with authorities in the enforcement of federal immigration law.
U.S. District Court Judge John J. McConnell Jr. ruled in favor of the cities in 2019, which was upheld by a federal appeals court in Boston in 2020.
But the chairman of Rhode Island’s Republican Party said the state’s placement on the list was the result of “deliberate, reckless choices” by the governor and city officials.
“Let’s be clear, this isn’t compassion, it’s capitulation,” party chairman Joe Powers said in a statement. “McKee is harboring those who break federal law while turning his back on those who enforce it.”
“President Trump is standing up to this nonsense,” he continued.
Brown, however, maintains that there’s not legitimate basis from the federal government that Rhode Island or any municipalities are violating federal law.
“They’re not, they’re upholding the law,” he said.
Also making the list were Connecticut, and its cities of East Haven; Hamden; Hartford; New Haven; New London; and Windham.
Massachusetts made the list along with 13 of its 14 counties with Hampden County excluded, and 12 cities: Amherst; Boston; Cambridge; Chelsea; Concord; Holyoke; Lawrence; Newton; Northampton; Orleans; Somerville; and Springfield.
Vermont and its cities of Burlington; Montpelier; and Winooski were listed as was Maine’s Cumberland and Hancock counties and the city of Portland and the New Hampshire cities of Hanover and Lebanon.
This story was originally published by the Rhode Island Current.
