Sanctuary Cities & The Law: Interview with Retired LAPD Detective Tom Marchetti – SDP#26

[podcast]  This show will empirically peel away conflated terminology and confusing rhetoric to better understand how to objectively define a sanctuary city and existing laws that interface with practices embraced by cities or states refusing to cooperate with ICE.  

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Thomas Marchetti is a Retired Los Angeles Police Detective with 26 years of service in his detective career.  He is a fan of the Anaheim Angels and USC Trojans.  Tom is currently working on property tax reform in Texas and passage of Texas Senate Bill 2 which will address the yearly growth rate in property taxes.  Find him on twitter at Ryanexpress77  


In the United States and Canada, a sanctuary city is a city that limits its cooperation with the national government in order to help people who are in the country illegally avoid deportation. Such people are frequently described as illegal immigrants or undocumented immigrants. ICE. U.S. Immigration and Customs Enforcement (ICE) is an American federal law enforcement agency under the United States Department of Homeland Security (DHS) responsible for identifying, investigating, and dismantling vulnerabilities regarding the nation’s border, economic, transportation, and infrastructure security.


“Sanctuary cities is a big issue throughout the country and this discussion speaks on exactly what is being asked of local law enforcement in regards to criminal aliens versus the false narrative that local cops are being asked by the Feds to turn into mini ICE agents to enforcement immigration law.”  He shares stories of major success with the ICE detainer process at LAPD in a so-called sanctuary city.


Tom indicates that Title 8 1373 USC requires local police and government employees to fully cooperate with ICE.  That 1996 bill is at the crux of sanctuary city posturing as to be compliant with Title 8 1373 USC, non-ICE local law enforcement would need to place a 30-second phone call to ICE 2 hours before a criminal alien was to be released from jail.


Tom explains that California passed a law two years ago called the TRUST Act which prohibits local police from contacting ICE for most types of arrests.  Hence, a local police officer could be arrested for contacting ICE if he detained a criminal alien for a substantial offense.


Per (Leo Hohmann 3-18-2017), “More than 2,000 criminal non-citizens, including many in the US illegally, are released from prison every year onto the streets of American cities.”  However, the US Secretary of State is achieving success in deporting criminal migrants for the first time in decades.  Learn much more during this well-researched episode with a from-the-field expert guest.


David will respond to discussion thread comments or questions & also to emails.  The Safety Doc Podcast is hosted & produced by David Perrodin, PhD.


Opinions are those of the host and guests and do not reflect positions of The 405 Media or supporters of “The Safety Doc Podcast”.  The show is curse free and adheres to nondiscrimination principles while seeking to bring forward productive discourse and debate on topics relevant to personal or institutional safety.

OTHER KEY PEOPLE / POSITIONS / TERMS or POLICIES referenced during this episode

Jeff Sessions = Attorney General of the United States

  • The United States Attorney General (A.G.) is the head of the United States Department of Justice concerned with legal affairs, and is the chief law enforcement officer and chief lawyer of the United States government.

Rex Wayne Tillerson = United States Secretary of State

  • The Secretary of State, appointed by the President with the advice and consent of the Senate, is the President’s chief foreign affairs adviser. The Secretary carries out the President’s foreign policies through the State Department and the Foreign Service of the United States

The USA PATRIOT Act is an Act of Congress that was signed into law by President George W. Bush on October 26, 2001. With its ten-letter abbreviation (USA PATRIOT) expanded, the full title is “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001”.

SECTION 287(g) allows the Department of Homeland Security (DHS) to enter into formal written agreements (Memoranda of Agreement or MOAs) with state or local police departments and deputize selected state and local law enforcement officers to perform the functions of federal immigration agents. The MOAs are negotiated between DHS and the local authorities and include delegation of authority to a limited number of police officers. All of this must be done under the supervision of Immigration and Customs Enforcement (ICE). Deputized officers are required to abide by federal civil rights laws and regulations.