President-elect Donald Trump’s incoming border czar, Tom Homan, has a clear warning for individuals or jurisdictions that obstruct Immigration and Customs Enforcement (ICE) agents: face the consequences.
Since Trump’s election victory, numerous Democrat-led cities and municipalities have strengthened sanctuary policies or enacted new ones. Homan, the former acting director of ICE, stated that while jurisdictions have the right to stand aside, actively impeding ICE’s mission could lead to prosecution.
“There are federal statutes on the books for knowingly concealing and harboring an illegal alien away from ICE officers,” Homan told the Daily Caller News Foundation. “There are statutes on the books about impeding federal law enforcement officers – they’re all felonies.”
“Now these sanctuary cities cannot assist – ok, that’s fine. They can stand aside, that’s fine, but they cannot cross that line,” he continued. “If they cross that line, we’ll be asking the attorney’s office to consider prosecution.”
This stance sets the stage for a clash between the Trump administration’s large-scale deportation plans and efforts by liberal strongholds to shield undocumented immigrants.
Sanctuary Policies on the Rise
In November, the Los Angeles City Council designated the city as a sanctuary haven, barring local resources from supporting immigration enforcement. Boston reaffirmed its sanctuary status, while San Diego County expanded its laws to protect more migrants, even those involved in serious crimes. Arlington County, Virginia, also strengthened its sanctuary policies post-election.
California Governor Gavin Newsom’s office is reportedly exploring an “Immigrant Support Network” to provide resources for undocumented immigrants facing deportation.
While there’s no official definition of a “sanctuary city,” the term generally refers to localities that limit cooperation with ICE by prohibiting local law enforcement from assisting federal immigration officers.
Potential for Legal Showdowns
Denver Mayor Mike Johnston suggested deploying local police to prevent ICE agents from entering the county but later retracted the idea. Such proposals have raised questions about the legality of obstructing federal enforcement efforts.
“There’s certainly some tough talk coming from these mayors in sanctuary cities, but we’ll see how that plays out in reality,” said Eric Ruark, research director for NumbersUSA, an organization advocating for reduced immigration. He noted that much of the rhetoric appears to be political posturing rather than actionable plans.
Past Legal Actions
A notable case involved Massachusetts Judge Shelley Joseph, who allegedly allowed an undocumented immigrant to escape ICE custody via a backdoor in her courtroom. Prosecutors charged her with conspiracy to obstruct justice in 2019. Though the charges were dropped in 2022, the Commission on Judicial Conduct later accused her of “willful judicial misconduct.”
“That’s what should be done,” Ruark said of the case. “[She allegedly] aided and abetted an illegal alien at a courthouse.”
Broader Resistance and Legal Battles
Homan and others expect resistance to take various forms, including lawsuits from organizations like the ACLU, which filed over 400 legal actions against Trump’s administration since 2016, many targeting immigration policies. The ACLU has pledged to continue challenging these policies.
However, Ruark believes Trump’s administration is better prepared this time. “The Trump administration is going to come in with people like Homan who understand the system, how it works, and how the law works,” he said. “The staffing is going to be much better on immigration, and I think they’re going to have a plan to not only carry out enforcement, but how to win in court.”
Homan’s Vision
Homan anticipates a dramatic increase in immigration enforcement and the revival of Trump-era policies, including the Remain in Mexico program, Safe Third Country agreements, border wall construction, and stricter ICE enforcement strategies.
Despite threats against him and his family, Homan remains resolute. When asked about his response to such threats, he replied, “Come get some.”
