Tensions have escalated in recent days between Tom Homan, President-elect Donald Trump's nominee as “border czar,” and Denver Mayor Mike Johnston. On Tuesday, Homan said he was prepared to “put Johnston behind bars” if he obstructed federal law enforcement efforts to deport him. Homan spoke with Sean Hannity on Fox News and criticized Johnston's stance, citing federal law. In response, the mayor softened his previous position. The exchange reignited debate over the balance between federal authority to enforce immigration laws and the right of states and localities to exercise autonomy in determining their own policies.
Homan: Break the law — go to jail.
Asked whether Johnston was breaking the law as mayor of a sanctuary city, Homan said, “Absolutely.”
He continued:
All he has to do is watch the Arizona vs. USA game and see he's breaking the law. But look, me and the mayor of Denver agree on one thing. he's going to jail. I'm going to put him in jail. Because there's a law called Title 8, United States Code, 1324(iii) that says it's a felony to knowingly harbor an illegal alien and hide him from immigration authorities. . Obstructing a federal law enforcement officer is also a felony. So if you don't want to help, that's fine. He can get out of the way.
Homan also emphasized the Trump administration's commitment to immigration enforcement and said it will focus on addressing public safety and national security threats. He criticized local leaders and expressed disbelief that mayors and governors would oppose removing people who pose a danger to community safety. Homan characterized this effort as a “mission from the American people” to ensure the safety of the country and protect lives.
Johnston 1.0: “Tiananmen…with roses and guns”
Homan's comments came in response to a statement Johnston made to news site Denverite last Wednesday.
The mayor emphasized that both local police and residents are “likely to resist mass deportations by federal forces.” According to the report:
“Rather than having (Denver police) stationed at the county line to keep (federal troops) out, we'd have 50,000 Denver residents there,” Johnston said. “It's like Tiananmen Square with roses and guns, right? So were all the Highland mothers who came for immigration. And you don't want to mess with them.”
A few days later, the mayor appeared to retract that comment. 9NEWS reported the following last Friday:
“Would I have gotten it back if I could? Yes, I probably wouldn't have used that image,” Johnston said. “That's the image we want to avoid. What I was saying is, this is the outcome we want to avoid in this country. I don't think any of us want that.”
The newspaper reported that Johnston expects Denver residents to engage in civil disobedience if Trump moves forward with his deportation plan. He also indicated that he was prepared to face legal consequences, including “jail,” for opposing actions he considered unjust and illegal.
Johnston 2.0: “I’d be happy to help.”
Appearing on CNN's Outfront on Tuesday, Johnston responded to Homan's threat by dramatically softening his previous statements.
The mayor said:
If they want to focus on violent criminals, we are happy to help track them down, arrest them, and deport them. …If they want to focus on further building judicial capacity so that asylum seekers can have their cases heard more quickly, we support that.
At the same time, he denounced the idea that federal forces would target illegal immigrants in everyday situations, saying, “What we're not going to do is send the 101st Airborne to drag 10-year-old kids out of their homes.” “I support the deployment of the United States into American cities.” He is handcuffed in the classroom. Johnston said that in that and similar cases, federal authorities would determine that local residents were “nonviolently resisting.”
Asked if he would order police to resist Immigration and Customs Enforcement (ICE) agents who enforce federal law, Johnston said: “We don't use law enforcement, and I don't think we need to.” answered.
If Mayor Johnston orders active interference with a federal ICE officer, he could be criminally charged under 18 U.S.C. 111 for interfering with a federal officer, resulting in fines or imprisonment. The federal government can seek civil injunctions prohibiting interference and impose penalties for violations.
Sanctuary City: There is no obligation to cooperate, but there is an obligation not to interfere.
The legality of sanctuary city policies remains controversial, with critics like Tom Homan arguing that such policies violate federal law. They rely on the Immigration and Nationality Act (INA ) is quoted.
In Arizona v. United States (2012), cited by the next “border czar,” the U.S. Supreme Court reaffirmed the federal government's supremacy in immigration enforcement, stating that states cannot interfere with or impede federal efforts. , emphasized that doing so would violate the supremacy clause. However, the court also recognized that states retain the right to limit cooperation under the Tenth Amendment and are not obligated to actively assist federal authorities.
Courts have consistently held that federal law preempts conflicting state policies but does not compel local governments to use their resources for immigration enforcement. Sanctuary policies, which limit cooperation without directly interfering with federal government operations, are generally supported as a legitimate exercise of state and local autonomy. For example, cases such as Arizona v. United States (2012), United States v. California (2019), and Galarza v. Sharchik (2014) have shown that sanctuary policies that limit local cooperation with federal immigration enforcement are not Suggests. “Embarking” refers to the active shielding or concealment of undocumented individuals in order to thwart federal government efforts.
Ultimately, the court found that while states do not have a duty to cooperate with federal immigration enforcement, they have a similar duty not to interfere with it.
Click here to learn more about the John Birch Society's campaign to stop America's immigrant invasion.
