Iowa City to debate ‘sanctuary city’ policy Monday

IOWA CITY - Federal requirements would complicate efforts to adopt a sanctuary city policy in Iowa City, the city attorney and police chief said Thursday.

A sanctuary city, generally speaking, is one in which local resources are prevented from being used to enforce federal immigration laws. They can take the form of “don't ask, don't tell, don't enforce.”

City Attorney Eleanor Dilkes said each comes with issues, particularly for law enforcement.

Not providing federal authorities with information on immigration status (don't tell) conflicts with federal law, she said. And limiting inquiries by law enforcement (don't ask) and arrests and detentions (don't enforce) would clash with a federal immigration program Iowa is participating in.

“I think it's a lot more complicated an issue than a lot of people realize,” Dilkes said.

The City Council on Monday will discuss whether a sanctuary city policy should be implemented in Iowa City, a proposal first made last year by a group of community members. A similar movement is occurring in Cedar Rapids.

Alan Kemp, executive director of the Iowa League of Cities, said he's not aware of an Iowa town designating itself a sanctuary city, and his organization has not had inquires from communities about the subject.

Iowa City's Human Rights Commission has recommended adoption of an ordinance that would prevent city employees and agencies from requesting information on or investigating the immigration status of people unless required to under state or federal laws or court decisions.

Complicating the matter is that the state is participating in a program known as Secure Communities, in which fingerprints of someone booked into jail are checked against federal immigration records.

Johnson County will start doing that next month, Sheriff Lonny Pulkrabek said.

Pulkrabek said the jail already forwards admission and release information to U.S. Immigration and Customs Enforcement.

Iowa law requires local law enforcement to forward fingerprints to the state, except in simple misdemeanor and some traffic cases, so it's unlikely a city could opt out of the Secure Communities program, Dilkes said.

She said the city probably could enact a sanctuary policy that deals with issues before there being a jail booking. Police Chief Sam Hargadine said his officers don't quiz people on their immigration status now, although they typically ask for identification, which can bring up immigration questions.

Looking beyond law enforcement, the city could write a policy that says certain city services will be provided equally to undocumented people, as long as the funding is local, Dilkes said.