Louisville will return to an earlier policy of holding people in jail for an extra 48 hours if the federal government says they are in the country illegally, after learning the U.S. Department of Justice intended to sue and cut off funding.
President Donald Trump’s Justice Department is pressuring local governments to undo policies that protect immigrants who don’t have legal status. Across the country, federal agents are working to fulfill his mass deportation goals as advocates say the approach may violate due process rights.
After the Louisville Metro Council passed an ordinance in 2017 concerning how local entities including police may work with federal immigration agencies, Metro Corrections shortened the notice period for people who have immigration detainers.
Mayor Craig Greenberg said Tuesday that the corrections department typically gives the Department of Homeland Security 5-12 hours’ notice. He said the Kentucky Department of Corrections employs 48-hour detainers, and that he reviewed data showing that the change would impact fewer than 100 people incarcerated at the Louisville jail per year.
“I have been assured by the U.S. Department of Justice that, if we reinstate the 48-hour detainers for inmates who’ve been arrested for crimes, Louisville will be taken off the federal sanctuary city list,” he said.
Greenberg said the corrections department would begin this policy “as soon as practical.”
A spokesperson for the city’s corrections department did not immediately return a request for comment Tuesday.
Greenberg said he also wanted to protect the “law-abiding” immigrant community and preserve the “hundreds of millions of dollars in federal grants” that would be at risk if Louisville remained classified as a sanctuary jurisdiction.
He said he was changing the jail policy, nothing else.
“To be clear, the Louisville Metro Police Department will not participate in immigration enforcement, and LMPD’s focus will remain on public safety and preventing violent crime in Louisville,” Greenberg wrote in a letter to the DOJ this week.
That approach stems from the 2017 ordinance, which keeps LMPD officers from arresting people who are in the country illegally unless a federal judge issues a criminal warrant for them, and it prevents Louisville Metro Government employees from asking people about their immigration status unless that information is needed to serve them.
The DOJ almost immediately pushed back on the local ordinance during Trump’s first term, with city leaders at the time saying the measure did not prevent Louisville from sharing required information.
In May, DHS added Louisville to a list of so-called “sanctuary” jurisdictions but did not specify why at the time.
On June 25, U.S. Assistant Attorney General Brett Shumate sent a letter to Greenberg’s office alleging the city’s ordinance “‘impede[s] lawful federal immigration operations” and, therefore, violates the U.S. Constitution.”
As an example, Shumate wrote, “the Louisville Department of Corrections is releasing criminal aliens, and aliens charged with crimes, back into the public despite the fact that they are subject to federal immigration detainers. Enforcement of the Ordinance must cease for Louisville to enter compliance with federal law.”
Greenberg responded on July 21, confirming the policy change. It will require the jail to hold people accused of crimes for 48 hours beyond their scheduled release, according to his letter.
“I understand the gravity of this situation, given what is laid out in your letter and what we see happening across our country right now to other cities that DOJ considers to be sanctuary jurisdictions,” he wrote.
Civil rights, immigrant groups have mixed reactions
Greenberg told reporters Tuesday he made the decision in consultation with local leaders of immigrant communities, and that his goal was to prevent mass raids similar to those in Los Angeles earlier this year.
Lisa DeJaco Crutcher, CEO of Catholic Charities of Louisville, confirmed her organization met with Greenberg and LMPD Chief Paul Humphrey about 10 days ago, along with “a number of leaders from immigrant-serving community organizations.” She told LPM News the meeting was to discuss the communication the city had received from the DOJ.
“[Greenberg] took the time to talk us through the thought processes that were going on at City Hall,” she said.
DeJaco Crutcher said she appreciated that the mayor was willing to listen to feedback from the community groups, particularly their shared concern about “where this could lead.” She said she thinks the mayor felt he had to make a “hostage choice” between changing the jail detention policy or seeing an immigration crackdown in Louisville.
Her main concern moving forward, DeJaco Crutcher said, is the message the change could send to immigrants and refugees. She said she doesn’t want anyone to think this decision means Louisville is not a welcoming city.
“I think it’s really important for people to understand that LMPD is not ICE,” she said. “That is the danger, we don’t want people to think they shouldn’t call the police when there’s a criminal situation happening and they need help.”
DeJaco Crutcher said she believes the Greenberg administration shares Catholic Charities’ interest in “protecting as many people as possible from indiscriminate ICE raids.”
Other community groups were less understanding, accusing Greenberg Tuesday of folding to the Trump administration’s threats.
The ACLU of Kentucky condemned the city’s concession on immigration cooperation. Executive director Amber Duke urged the city to reconsider.
“This move not only undermines the trust between immigrant communities and local law enforcement, but it will also further exacerbate the overcrowding and understaffing issues at Louisville Metro Department of Corrections that have led to more than 20 deaths in the past three years,” Duke said in a statement.
Duke’s organization argues Louisville is now aligning itself with “policies that have led to increased fear, mass deportations, and instability in cities across the country.”
Likewise, the advocacy group Showing Up For Racial Justice Louisville said the mayor has “given in to the terror and attacks perpetrated by ICE on families.” LSURJ runs the Louisville Community Defense Network, which trains residents to support people who are being detained and runs a 24/7 hotline for people who are confronted by immigration agents.
Anice Chenault, a member of LSURJ, said the Greenberg administration “capitulated immediately.”
“Attorney General Pam Bondi is now holding up Louisville as an example to serve as a warning to other cities,” Chenault said. “This is outrageous.”
Earlier Tuesday, U.S. Attorney General Pam Bondi posted on the social media platform “X” that Louisville was changing its policies.
“This should set an example to other cities. Instead of forcing us to sue you — which we will, without hesitation — follow the law, get rid of sanctuary policies, and work with us to fix the illegal immigration crisis,” she wrote.
The list of alleged sanctuary cities published by DHS in May included more than 500 local jurisdictions, including Louisville and Franklin, Campbell and Scott Counties in Kentucky. The Trump administration later took down the list after facing intense criticism from local leaders.
This story was updated.
