O'Reilly falsely claims Houston, San Francisco are “sanctuary cities” that are breaking the law

O'Reilly claimed cities are required by law to “tell Homeland Security” if they have an “illegal alien involved with the police for some reason.” During the July 19 edition of his Fox News program, Bill O'Reilly stated, “While the Justice Department is suing the state of Arizona over its new anti-illegal alien law, it has for years ignored sanctuary cities like San Francisco and Houston that have refused to enforce federal immigration law. That is, if local authorities there in those cities apprehend illegal aliens, they do not tell Homeland Security, as they are required to do.” Moments later, O'Reilly added:

O'REILLY: The law says, in San Francisco and Houston, when you have an alien, illegal alien involved with the police for some reason, either a crime or a traffic stop, a DUI, whatever it may be, that they have to give the feds a heads up, so the fed's data bank can see how bad these guys really are.

Immigration law expert: O'Reilly is “wrong” on what federal law requires. David Leopold, president of the American Immigration Lawyers Association, said via email that O'Reilly is “wrong” to suggest that federal law requires state and local law enforcement authorities to enforce civil immigration law. Leopold stated that “there is nothing that requires the collection of immigration information about a person” and “there is no requirement that state or local authorities inform the federal immigration authorities of civil immigration violations--ie out of status, overstay, present without lawful admission, failure to maintain status etc.”

Immigration Policy Center: Community policing policies often confused with “sanctuary cities.” A March 2009 Immigration Policy Center document states, “there is much confusion about the term 'sanctuary city.' The term is often used derisively by immigration opponents to blast what are best described as community policing policies.” The document further notes:

More than 50 cities and states across the country have adopted policies that prevent police agencies from asking community residents who have not been arrested to prove their legal immigration status. These policies do allow state and local police to report foreign-born criminals to DHS. Based on the tenets of community policing, these policies make it safe for immigrant crime victims and witnesses to report criminals to the police and help put them behind bars.

Bush Justice Department's Inspector General: San Francisco policy does not violate requirements of federal law

CRS: Federal law bans policies restricting maintenance and exchange of information about immigration status. The Congressional Research Service stated in a January 2008 report that laws enacted in 1996 by Congress provide that “states and localities may not limit their governmental entities or officers from maintaining records regarding a person's immigration status, or bar the exchange of such information with any federal, state, or local entity.” These provisions were included in the Personal Responsibility and Work Opportunity Reconciliation Act and the Illegal Immigration Reform and Immigrant Responsibility Act. CRS further stated that while this “prohibits states and localities from barring the transfer or maintenance of information regarding immigration status, it does not require entities to collect such information in the first place.”

Justice Inspector General “cannot conclude” that San Francisco is violating the law. In January 2007, the Justice Department Office of Inspector General reported that after reviewing the policies of seven jurisdictions, including the State of Texas, they located an official “sanctuary” policy for only the State of Oregon and the City and County of San Francisco, "[h]owever, in each instance, the local policy either did not preclude cooperation with ICE or else included a statement to the effect that those agencies and officers must assist ICE or share information with ICE as required by federal law." The report further states that because San Francisco included “specific provisions requiring compliance with federal law, we cannot conclude that San Francisco's policies are contrary to 8 U.S.C. § 1373 [the Illegal Immigration Reform and Immigrant Responsibility Act.]” OIG also concluded, “there is insufficient evidence to conclude that San Francisco fails to cooperate with ICE's efforts to remove undocumented aliens.”

San Francisco recently began participating in Secure Communities program. According to the SF Weekly, the federal Secure Communities program -- “which checks fingerprints of anyone booked into custody in the city against the DHS's database” -- started in San Francisco on June 8. San Francisco Sheriff Department spokeswoman Eileen Hirst reportedly said that prior to the start of the Secure Communities program, San Francisco reported to ICE those “booked on felonies or had prior felony convictions.”

Houston does not have a “sanctuary” policy

Politifact: “Houston has no official sanctuary policy.” Politifact.com wrote on March 14 that Houston was presumably included in the 2007 OIG review, but was not mentioned, indicating that “Houston has no official sanctuary policy,” and that the city now participates in the Secure Communities program, which “enables fingerprints of arrested individuals to be checked against federal crime and immigration databases.” Politifact further reported that Jessica Vaughn of the Center for Immigration Studies, which seeks reductions in both illegal and legal immigration, “said that because the county and city have stepped up efforts to identify illegal immigrants, she no longer views the city as much of a sanctuary.”

ICE official in 2006 said Houston cooperates with them. The Houston Chronicle reported on June 30, 2006, that Bob Rutt, the agent in charge of U.S. Immigration and Customs Enforcement in Houston, said “Houston police notify ICE when officers arrest people wanted by ICE. He said officers also call his agency when they suspect violent criminals might be in the country illegally, and they help out on some criminal operations.” The article further stated:

The department also flags criminal cases involving illegal immigrants when they are sent to the Harris County District Attorney's Office, so ICE agents can determine whether arrestees are in the country legally.

“Houston is not a sanctuary city, by the definition,” Rutt told the Houston Chronicle on Saturday. “They do cooperate with us.”

Houston police are “required to check the warrant status of everyone who is ticketed, arrested or jailed - if they fail to show proper ID.” Houston police are reportedly required to check with federal immigration authorities about “everyone who is ticketed, arrested or jailed--if they fail to show proper ID.” From a December 23, 2007, Houston Chronicle article:

Twice in the past two years, Mayor Bill White has tightened the city's policy on dealing with suspected illegal immigrants:

Under the city's revised policy, officers are required to check the warrant status of everyone who is ticketed, arrested or jailed - if they fail to show proper ID.

Those arrested for Class B misdemeanors or more serious crimes are booked into jail and asked whether they are U.S. citizens.

ICE officials were given full access to city jails and information collected by HPD.

Officers are required to notify ICE of any suspects with outstanding immigration warrants and previously deported felons.