The U.S. Senate Judiciary held a hearing Wednesday, arguing over whether the federal government can force local law enforcement to assist Immigration and Customs Enforcement.
Multiple American citizen deaths at the hands of illegal immigrants were preventable if ICE were not hindered by sanctuary jurisdictions, some Republicans on the committee claim.
Sanctuary jurisdictions-cities, counties, or states-as identified by the U.S. Department of Justice for practicing policies that protect illegal aliens residing in their area by limiting local law enforcement’s involvement in federal detention and deportation efforts, as well as providing illegal aliens with other benefits.
Sanctuary policies cost taxpayers $65,000 per illegal alien over their lifetime, according to Jessica Vaughn, director of Policy Studies at the Center for Immigration Studies.
Joe Abraham, from Illinois, lost his daughter, Katie, to an illegal immigrant drunk driver who had been identified as a criminal by local police prior to Katie’s death.
“It was preventable,” Abraham said. “He was identified. They knew who he was. He was pulled over by local police. Bang up job on that one.”
Abraham expressed feelings of abandonment by the Democratic Party for being more focused on ideology and supporting illegal immigrants over American families like his.
Sen. Peter Welch, D-Vt., rejected the idea that local law enforcement leaders must comply with ICE.
“Local law enforcement has an obligation for local public safety. Their job is not to be an adjunct to ICE,” Welch said. “The 10th Amendment guarantees that the federal government cannot force state and local governments to assist in enforcing federal law.”
Despite this view, Welch did confirm that border security under the Trump administration improved the situation with illegal immigration.
“The border is secure, and Mr. Chairman, don’t tell the president I said this, but he deserves some credit for that,” Welch said. “We’re going to keep that on the down low.”
Sen. Dick Durbin, D-Ill., was critical of current federal enforcement practices and mass deportations, calling for change.
“The reality is that neither the Democrat or Republican administrations have delivered on promises made, and President Trump’s mass reckless, mass deportation campaign has not made us safer,” Durbin said. “Congress needs to step up and do our job; fix our broken immigration system.”
Many Republicans have been strongly opposed to local law enforcement leaders not assisting ICE in sanctuary cities, due to the belief that not cooperating with ICE gets people killed.
“There are foreseeable consequences of public officials making a conscious decision to obstruct immigration enforcement and release people who should never have been released back onto the streets in the first place,” said Sen. Eric Schmitt, R-Mo. “Policies that predictably create victims are not moral, no matter how compassionately the politicians describe them.”
“The reality is that sanctuary policies only protect wrongdoers, criminals,” said Sen. John Cornyn, R-Texas. “We should also not be funneling any federal dollars to any state or any locality that continue to protect criminal aliens over American citizens and other law abiding immigrants as well.”
“Whether one calls a non-cooperating local government a sanctuary jurisdiction or not, the Constitution protects their choice all the same,” said Stephen Vladeck, Agnes Williams Sesquicentennial professor of Federal Courts at Georgetown University Law Center.
Clarence Birkhead, sheriff at Durham County Sheriff’s Office in North Carolina, rejected the sanctuary city label despite the county being labeled a “sanctuary jurisdiction” by the DHS in May 2025 for alleged noncooperation with ICE. Durham County is not currently on the DHS list post the August 2025 update.
“Durham County is not a sanctuary County. We follow state and local law, including presenting detainers to state judicial officials for review, and following any related court orders issued,” Birkhead said. “Identifying and deporting known, undocumented violent offenders, I agree with that approach. I don’t agree with targeting people without criminal records who pose no threat to public safety.”
Sen. John Kennedy, R-La., challenged Birkhead’s stance on ICE and immigration, using Birkhead’s own quotes from 2018 to claim Birkhead believes vetting people at the border is racist, that people should be able to violate immigration laws without consequences, and that he doesn’t believe in cooperating with ICE.
Birkhead disagreed with Kennedy’s challenge, claiming that he supports secure borders, believes anyone who violates federal or state law should be held accountable, and cooperates with federal authorities, including ICE.
Kennedy quoted a previous interview in which ICE asked Birkhead, “If someone is about to be released from your jail and the detainer is about to expire you will call us and let us know?” Birkhead answered, “No, I will not call ICE.”
Birkhead said the context between his 2018 quotes and now has changed, with House Bill 318 in place, and that he follows state law by notifying ICE as required.
“I certainly would cooperate with ICE if they would cooperate with me,” Birkhead said. “ICE agents are notified whenever someone is entered into my process, into my jail.”
In response, Sen. Kennedy asked, “do you need some water, because I think your pants are on fire.”
