Establishing Responsibility for Illegals’ Crimes and Adding Deterrence and Accountability for Mayors’ Sanctuary Cities Act of 2025; ERIC ADAMS Act of 2025
Summary
The "Establishing Responsibility for Illegals’ Crimes and Adding Deterrence and Accountability for Mayors’ Sanctuary Cities Act of 2025," also known as the "ERIC ADAMS Act of 2025," aims to establish criminal liability for mayors of sanctuary cities if an undocumented immigrant commits murder within their jurisdiction, and the city's sanctuary policies are found to have contributed to the crime. The bill amends Title 18 of the United States Code to include a new section addressing criminal liability for mayors of sanctuary cities. It defines key terms such as "sanctuary city" and "undocumented immigrant."
Specifically, the bill introduces the offense of criminal negligence resulting in manslaughter for mayors who knowingly maintain sanctuary policies that restrict cooperation with federal immigration enforcement, leading to a failure to detain or remove an undocumented immigrant who subsequently commits murder. Penalties include imprisonment, fines, and mandatory removal from public office.
The Attorney General would have exclusive authority to investigate and prosecute offenses under this Act, and federal courts would have jurisdiction over cases brought under this Act. The Act would take effect 90 days after enactment.
Expected Effects
If enacted, this bill would subject mayors of sanctuary cities to potential criminal charges if an undocumented immigrant commits murder within their jurisdiction and the city's policies are deemed to have contributed to the crime. This could lead to changes in local law enforcement policies regarding cooperation with federal immigration authorities.
It could also lead to legal challenges based on federal overreach into local governance and potential conflicts with existing constitutional protections. The bill may deter sanctuary city policies, potentially leading to increased detention and deportation of undocumented immigrants.
Potential Benefits
- May increase public safety by deterring sanctuary city policies that could hinder the detention or removal of dangerous undocumented immigrants.
- Could provide a sense of justice and accountability for victims of crimes committed by undocumented immigrants in sanctuary cities.
- May encourage greater cooperation between local and federal law enforcement agencies regarding immigration enforcement.
- Could potentially reduce the number of serious crimes committed by undocumented immigrants who might otherwise have been deported.
- May lead to a more uniform application of immigration laws across different jurisdictions.
Most Benefited Areas:
Potential Disadvantages
- Could lead to the unjust prosecution of mayors based on complex and potentially circumstantial evidence of causation.
- May create a chilling effect on local governments' ability to set their own law enforcement policies, potentially infringing on local autonomy.
- Could disproportionately target immigrant communities and lead to increased fear and distrust of law enforcement.
- May face legal challenges based on constitutional grounds, such as due process and federal overreach.
- Could strain relationships between local communities and the federal government, leading to decreased cooperation on other important issues.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's constitutional alignment is questionable. It potentially infringes upon the Tenth Amendment, which reserves powers not delegated to the federal government to the states. By imposing criminal liability on mayors for local policies, the federal government may be overstepping its authority.
Additionally, the bill raises concerns regarding due process under the Fifth and Fourteenth Amendments, as it requires proving a causal link between a sanctuary policy and a specific crime, which could be difficult and subject to interpretation. The definition of "directly and foreseeably contributed" could be challenged as vague and open to abuse.
However, the federal government could argue that it has the power to regulate immigration under Article I, Section 8, Clause 4, and that this bill is necessary to enforce federal immigration laws.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).