The last thing Ulster County Executive Jen Metzger wanted to see in her inbox is an email from Stephen Miller, the Trump aide and culture warrior notorious for his wholesale condemnation of undocumented immigrants and their supporters. In addition to his role as national security advisor to the president-elect, Miller currently heads an outfit called the America First Legal Foundation (AFL).

AFL is not without resources, with a battery of lawyers running on $44 million in contributions in 2022 and nearly $10 million in 2023. It positions itself as “the long-awaited answer to the ACLU.”

Now, in what could be the opening salvo of Trump's promised national roundup and deportation of the nation's estimated 11 million undocumented immigrants, AFL has written to Metzger and 248 officials of other sanctuary jurisdictions (per its website) “of the legal consequences triggered by interfering with or impeding federal law enforcement and for intentionally concealing, harboring, or shielding illegal aliens. These consequences are not limited to public officials; any person who violates these laws faces potential legal exposure.”

“Dear County Executive Metzger,” the Dec. 23 letter from AFL begins, and goes on to outline the legal peril faced by the county and its elected officials personally.

The letter states: “Federal law is clear: aliens unlawfully present in the United States are subject to removal from the country, and it is a crime to conceal, harbor, or shield them. It is also a crime to prevent federal officials from enforcing immigration law. These laws were duly enacted by the people’s elected representatives. Under the Supremacy Clause of the U.S. Constitution, they are the law of the land and supersede any state or local laws to the contrary. In our democratic republic, all state and local officials must comply with them.”

“Federal law imposes serious consequences for obstructing the execution of federal immigration law,” the letter continues. “So-called 'sanctuary' jurisdictions that forbid compliance with federal immigration law and cooperation with the officials who enforce it are, therefore, breaking the law. Moreover, sanctuary jurisdictions are strictly prohibited from requiring their employees to violate federal immigration law. We have identified your jurisdiction as a sanctuary jurisdiction that is violating federal law. Such lawlessness subjects you and your subordinates to significant risk of criminal and civil liability. Accordingly, we are sending this letter to put you on notice of this risk and insist that you comply with our nation’s laws.”

The letter casts a wide net:

“Because sanctuary jurisdictions’ laws usually require multiple officials to coordinate their activities, all officials involved are liable under multiple federal criminal conspiracy statutes. Therefore, employees working for an official implementing sanctuary policies may be at risk, even if they do not directly conceal, harbor, or shield an alien. Additionally, it is a crime carrying a penalty of up to 20 years’ imprisonment for anyone who ‘knowingly … engages in misleading conduct toward another person, with intent to … cause or induce any person to … be absent from an official proceeding to which such person has been summoned by legal process’ or to ‘hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States.’”

Miller's outfit threatens wallets too: Sanctuary jurisdiction policies can lead to personal financial liability: Victims of crimes committed by aliens protected by a sanctuary jurisdiction may be able to sue officials involved in harboring that alien for triple damages under the federal Racketeer Influenced and Corrupt Organizations Act statute. Also, public officials and employees who enforce or follow illegal sanctuary jurisdiction’s policies could face liability under the substantive due process state-created danger doctrine.”

In an email Friday afternoon to Kingston Wire, Metzger had this to say:

“The email of Dec. 23, 2024, sent to me by a private, right-wing non-profit organization, is nothing more than fear-mongering propaganda, and went directly to junk mail. We are not going to be intimidated by this kind of propaganda, and I will always do what is in the best interests of Ulster County.”