Hearings to examine protecting American citizenship, focusing on federalism, sanctuary cities, and the rule of law

Immigration Enforcement and Sanctuary PoliciesSenate Judiciary Subcommittee on Constitution · March 25, 2026 · 119th Congress
The Senate Judiciary Subcommittee on the Constitution held this hearing to examine sanctuary jurisdiction policies, federalism, and immigration enforcement cooperation between local law enforcement and federal authorities. Begins at ▶ 0:45:01
Transcript
Highlights

Title

Sanctuary city policies, federal-state cooperation, and immigration enforcement

Purpose

The Senate Judiciary Subcommittee on the Constitution held this hearing to examine sanctuary jurisdiction policies, federalism, and immigration enforcement cooperation between local law enforcement and federal authorities. The hearing centered on cases of Americans killed or harmed by illegal aliens allegedly shielded by sanctuary policies, alongside testimony on the constitutional limits of federal power to compel local cooperation and reports of aggressive ICE conduct in cities like Minneapolis and Chicago. Witnesses included former Virginia AG Jason Miyares, Jessica Vaughan of the Center for Immigration Studies, Joe Abraham (father of a victim), Durham County Sheriff Clarence Birkhead, and Georgetown law professor Stephen Vladeck. Begins at▶ 0:45:01

Who spoke

• Chair Eric Schmitt (R-MO)▶ 0:45:01: Argued sanctuary policies put illegal aliens ahead of American citizens▶ 0:46:24, cited the deaths of Laken Riley, Stephanie Minter, and Katie Abraham as evidence of preventable harm▶ 0:47:54▶ 0:48:21, and later pressed Miyares on Fairfax County's non-cooperation and Sheriff Birkhead on deconfliction and detainer practices▶ 2:10:16.

• Sen. Peter Welch (D-VT), Ranking Member▶ 0:52:33: Said local law enforcement's job is not to be "an adjunct to I.C.E." and cited a Vermont incident where ICE arrested someone without notifying local police▶ 0:54:53; noted only 14% of immigration arrests are for violent criminals▶ 0:53:56 and invoked the 10th Amendment's anti-commandeering principle▶ 0:56:48.

• Sen. John Cornyn (R-TX)▶ 0:57:38: Said the DOJ lists only 11 states plus D.C. as sanctuary jurisdictions, mostly run by Democratic officials▶ 1:03:14; cited a poll showing 75% of Americans support deporting people not legally authorized to be here▶ 1:00:24 and noted 33 Democrats voted against the Laken Riley Act▶ 1:01:26.

• Sen. Dick Durbin (D-IL)▶ 1:04:17: Described the killing of Loyola student Sheridan Gorman by José Medina, who had an outstanding bench warrant▶ 1:04:42; said six of seven people detained by ICE had no significant criminal record▶ 1:06:16 and recounted the failed 2013 bipartisan Gang of Eight immigration bill▶ 1:07:06.

• Jason Miyares, former Virginia Attorney General▶ 1:13:03: Detailed the killing of Stephanie Minter by a man arrested more than 30 times whose ICE detainer Fairfax County refused to honor▶ 1:13:33; criticized Virginia bill HB-1441 that would mandate sanctuary policies statewide▶ 1:41:13 and proposed conditioning municipal bond tax exemptions on non-sanctuary certification▶ 1:43:13.

• Jessica Vaughan, Center for Immigration Studies▶ 1:23:54: Said more than half of illegal aliens live in sanctuary jurisdictions▶ 1:24:22 and that from October 2022 to February 2025, sanctuary jails declined more than 40,000 ICE detainers▶ 1:26:43, including 33 in Durham before North Carolina's anti-sanctuary law▶ 1:27:13.

• Sheriff Clarence Birkhead, Durham County, NC▶ 1:18:34: Said Durham is not a sanctuary county, honors 48-hour detention requests, and notifies ICE▶ 1:21:47, but described ICE cooperation as "next to none"▶ 1:47:44; under questioning from Sen. Kennedy, acknowledged a 2018 pledge not to honor ICE detainers and a case involving a man convicted of manslaurm-abroad released per a judge's order▶ 1:56:41.

• Stephen Vladeck, Georgetown Law professor▶ 1:28:46: Argued the anti-commandeering doctrine bars the federal government from forcing states to run immigration enforcement▶ 1:29:30 and that funding conditions must be clearly expressed in law, related to the funds' purpose, and voluntary▶ 1:30:48; said local governments' choices are remedied at the ballot box, not in a hearing room▶ 1:33:53.

• Joe Abraham, father of Katie Abraham▶ 1:33:53: Described his daughter's death when a car driven by an intoxicated illegal immigrant, Julio Cucul-Bol, hit her vehicle at a red light▶ 1:34:51; said politicians defending sanctuary policies have "no consideration for life"▶ 1:44:38 and that the killer was not "the worst of the worst"▶ 1:45:30.

• Sen. John Kennedy (R-LA)▶ 1:51:09: Questioned Sheriff Birkhead over a 2018 interview pledging not to cooperate with ICE▶ 1:53:11 and the case of Carlos Alberto Mendoza Martinez, convicted of manslaughter and domestic violence, whose detainer was not honored▶ 1:56:17.

• Sen. Sheldon Whitehouse (D-RI)▶ 2:03:32: Said Providence's First Circuit bars holding someone solely on an ICE detainer, exposing localities to civil liability▶ 2:04:03; described an incident where ICE agents pursued a high-school intern mistaken for a suspect and cursed at a state judge outside a Rhode Island courthouse▶ 2:07:53.

• Sen. Alex Padilla (D-CA)▶ 2:13:23: Cited studies finding decreased crime and higher median income in immigrant-welcoming jurisdictions▶ 2:14:28 and argued sanctuary policies have been upheld by courts including the Supreme Court▶ 2:17:59.

• Sen. Ted Cruz (R-TX)▶ 2:18:52: Detailed that Sheridan Gorman's killer had been picked up and released four times, including once by Border Patrol in 2023▶ 2:19:45; questioned Joe Abraham about Sen. Chris Murphy's comment on Democrats caring about illegal aliens▶ 2:23:25.

• Sen. Mazie Hirono (D-HI)▶ 2:28:01: Asked Vladeck why the administration keeps losing in court on funding conditions tied to immigration cooperation, citing over 500 lawsuits against the administration▶ 2:29:41; entered into the record a study on how interior immigration enforcement erodes trust in local police▶ 2:33:37.

Key moments

• Chair Schmitt opened by framing the hearing around victims Laken Riley, Stephanie Minter, and Katie Abraham, arguing sanctuary policies are "lawlessness dressed up as principle"▶ 0:49:13.

• Sen. Welch disclosed that during a Vermont arrest, an ICE agent from Boston made no attempt to notify local or state law enforcement, prompting a tense standoff▶ 0:54:53.

• Miyares testified that Virginia's proposed HB-1441 would bar all 133 localities from entering 287(g) agreements with ICE, and predicted Gov. Spanberger would sign it "in the dead of night"▶ 1:41:13.

• Vaughan estimated deportation costs about $17,000 per person versus roughly $70,000 lifetime cost of allowing an illegal alien to stay, and cited over 40,000 declined ICE detainers in sanctuary jails between October 2022 and February 2025▶ 1:25:46▶ 1:26:43.

• Sen. Kennedy confronted Sheriff Birkhead with a 2018 quote pledging never to cooperate with ICE, and with the case of Carlos Alberto Mendoza Martinez — convicted of manslaughter and domestic violence — whose detainer was not honored; Birkhead said he followed a judge's release order▶ 1:53:11▶ 1:56:41.

• Sen. Whitehouse recounted ICE agents in Rhode Island mistaking a high school intern for a suspect, following him to a judge's parking spot, and cursing at the judge, arguing this illustrates why local law enforcement resists cooperation▶ 2:07:53▶ 2:08:56.

• Joe Abraham described his daughter Katie's death when a car going 80 mph, driven by twice-deported Julio Cucul-Bol, struck her vehicle stopped at a red light▶ 1:34:51.

• Sen. Cruz cited Sen. Chris Murphy's televised comment that Democrats "care about" illegal aliens, and noted every Senate and House Democrat remained seated when President Trump asked Congress to stand if they agreed citizens should be protected over illegal aliens▶ 2:23:00▶ 2:24:55.

• Professor Vladeck testified that Trump administration funding conditions have violated two to three of the four constitutional requirements for spending conditions, including that conditions be clearly expressed in law rather than imposed by executive order▶ 2:28:46.

• Sen. Padilla countered that sanctuary jurisdictions report lower crime, higher median income, and lower unemployment, citing studies from the University of Texas, University of Arizona, and National Immigration Law Center entered into the record▶ 2:14:28▶ 2:15:19.

Metadata

CommitteeSenate Judiciary Subcommittee on Constitution
Chamber / CongressSenate · 119th Congress
DateMarch 25, 2026
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript299 caption blocks · 13,255 words · 2:34:51 runtime
EventCongress.gov 338089