Thom Nickels: Philadelphia versus the rule of law

Immigration in the U.S. used to follow a regular pattern. For centuries, until about 1910, most immigrants hailed from Western and Northern Europe. After 1910, they came from Eastern and Southern Europe, Canada, and Latin America. Ellis Island processed thousands of immigrants a day where each person was asked a series of probing questions, including, “Are you an anarchist?” The immigrants were then examined by doctors and nurses. People with criminal records, carriers of disease (plus all those revolutionary anarchists) were sent home. 

The flood of immigrants was greatly reduced in the 1920s, partially as a result of WWI. The Ellis Island system was solid and sacrosanct: if you wanted United States citizenship, you had to follow the rules. 

“Following the rules” takes many forms. When US citizens apply for a passport they are expected to follow the most miniscule of small print requirements. Disregard just one requirement and you’ll get an official notice in the mail denying your application. 

Try traveling to Israel from the U.S. and you’ll experience the most intense interrogation by security. Every aspect of your life is up for a probing Q and A: work, home life, religion, marital status, hobbies, sexual orientation, or political party affiliation. Israeli security is a big Orwellian machine where any question, no matter how trivial or personal, might be asked. In fact, travelers to Israel are warned in advance to be prepared for the most “politically incorrect” questions imaginable. Before boarding a flight to Tel Aviv some years ago, my 30-minute interrogation by Israeli security, although very polite, was so intense it left me wondering if I would be approved for boarding.

Given tight US passport requirements, why do we have the reverse of this when it comes to the so-called “sanctuary cities?”

Hundreds of cities and municipalities in the US have “sanctuary city” status, which means that illegal immigrants in these cities are shielded from deportation. Sanctuary city status bars police and prison officials from telling Immigration and Customs Enforcement (ICE) about an illegal immigrant’s release from prison. This new system flies in the face of the strict immigration standards set by Ellis Island, when (legal) immigrants with criminal pasts were sent back to their homeland. 

Up until the re-election of Donald Trump in November, someone could enter the US illegally, commit a crime, serve time in a US prison, and then be released into the general population as a free agent, regardless of the fact that they entered the country illegally. They were even free to go on to commit other crimes without any risk of deportation as long as they live in a sanctuary city.

In October 1965, then President Lyndon Johnson signed the Immigration and Nationality Act into law. It expanded immigration to increase immigrant flow from eastern and southern Europe. At the signing, Johnson stated, “This bill says simply that from this day forth those wishing to immigrate to America shall be admitted on the basis of their skills and their close relationship to those already here. This is a simple test, and it is a fair test. Those who can contribute most to this country — to its growth, to its strength, to its spirit — will be the first that are admitted to this land.”

One of former Philadelphia mayor Jim Kenney’s first executive orders in 2016 was reinstatement of the city’s sanctuary city status, which had been abolished under Mayor Michael Nutter. This news was ecstasy to many members of City Council who responded with a “Power to the People” salute. Kenney’s Executive Order meant that Philadelphia was joining scofflaw cities such as San Francisco, Detroit, Portland, Miami, Baltimore, and Seattle.

And yet ex-Pennsylvania Governor Ed Rendell stated in 2016 that Philadelphia should obey the law. Rendell said, “So, I think I would’ve not made Philadelphia a sanctuary city. Jim Kenney has been, for the longest time, even going back to when I was Mayor, he’s been an advocate for making Philadelphia a more attractive place for immigrants to come and settle and open up businesses. And I agree with that and think his policy is dead on but I think that it can only happen with legal immigrants.” 

Fast forward to the days following the 2024 election when City Council member Rue Landau, a civil rights attorney, was elected to Council 2023 as the first out LGBT member. Landau organized a “Trump Preparedness Hearing” to answer questions some city residents had about the more than 200 executive orders Trump signed on his first day in office. One order suspended federal funding for so-called sanctuary cities because they restrict cooperation between local law enforcement and Immigration Customs Enforcement (ICE). The purpose of the hearing was to affirm the city’s commitment to protect immigrant, LGBT, and other marginalized communities.  

“We’re going to do everything we possibly can, but there might be some times when, if things go the way that we think they’re going to go in the Trump administration, there might be some ways in which we won’t be able to protect people,” Landau said.

Meanwhile, Mayor Cherelle Parker stated that the city’s sanctuary city status would remain in place despite calls that she “upgrade” it to be more forceful in fighting the president’s crackdown on “immigrants.” 

Several community groups during Landau’s hearing warned Council that the “current ICE guardrails are not enough….those ‘guardrails’ already include a green light to local law enforcement to rebuff ICE detainer requests as well an order to guarantee access to all city services “regardless of immigration status.” Other groups, like the Latino community group known as JUNTOS, urged Council to craft a so-called “safe schools resolution” that would force educators to forward all ICE requests to enter school buildings or communities with students in classes to the districts’ general counsel. 

These community groups, according to Philly Voice, told City Council that the city and its schools “must stand up to ICE.”

The Pennsylvania Immigration Coalition also called for the implantation of the safe schools resolution and asked Council to provide 1.3 million in funding for the Pennsylvania Immigrant Family Unity Project. 

A Philadelphia Inquirer op-ed also sounded the alarm that the executive order signed by Trump would give ICE additional powers “to make arrests at churches,” but only at Episcopal and Unitarian churches apparently, where social justice carries sacramental weight. 

“On Wednesday, Philadelphia activists who helped shelter undocumented immigrants in churches in Germantown, University City and North Philadelphia pledged fresh resistance, pointing out that a knock on the door does not automatically require an answer,” Jeff Gammage wrote.  

Gammage quotes an activist Episcopal priest, the Rev. Renee McKenzie, who mentioned how the Episcopal Church of the Advocate once housed a family of five illegal immigrants. 

“It says there is no place where people can be safe,” she said. “I’ve been anticipating this, based upon things were said and knowing how this administration feels about immigrants.” Like most of her peers in the liberal activist religious community, the Rev. McKenzie refuses to mention the word “illegal” when it comes to immigration and will not distinguish between those who came illegally and those who followed the rules. 

Ironically, just days after Trump’s inauguration the Executive Director of Philadelphia’s Office of Immigrant Affairs (OIA), Amy Eusebio, abruptly resigned. No explanation was given for Eusebio’s quick departure although Mayor Parker was quick to say the city was actively seeking a replacement. 

City Solicitor Renee Garcia, joining the growing chorus of Trump Preparedness activists, reiterated the city’s policy of not honoring ICE detainer requests. In addition, she stated that city services that include police, fire, homeless services, and child protective services would never ask about immigration status.

Philadelphia DA Larry Krasner offered a direct response to the president’s promise to investigate and prosecute officials who do not comply with ICE.

“Arrests and prosecutions are based on probable cause, not on whether you agree or disagree with a political position,” he said. “Unlike the current president, who this week pardoned or commuted sentences for over one thousand lawfully convicted and sentenced insurrectionists, my office and others will continue to uphold the U.S. Constitution and the rule of law.”

While ICE and Homeland Security raids in other cities have hit the news, to date there have been no newsworthy raids in Philadelphia despite the grandstanding of many officials. With an estimated 47,000 illegal immigrants in the city and 153,000 in the state of Pennsylvania — cross the Delaware River into New Jersey and the number of illegal aliens climbs to 440,000 — it’s only a matter of time before ICE tests the mettle of city officials who vow to fight ICE every step of the way. 

Thom Nickels is a Philadelphia-based journalist/columnist and the 2005 recipient of the AIA Lewis Mumford Award for Architectural Journalism. He writes for City Journal, New York, and Frontpage Magazine. Thom Nickels is the author of fifteen books, including “Literary Philadelphia” and ”From Mother Divine to the Corner Swami: Religious Cults in Philadelphia.” His latest is “Death in Philadelphia: The Murder of Kimberly Ernest.” He is currently at work on “The Last Romanian Princess and Her World Legacy,” about the life of Princess Ileana of Romania.