Immigration
Jan. 27, 2017
State AG, legislative leaders say they will test Trump immigration orders
Democratic leaders in the state Legislature, along with the new attorney general, were defiant on Wednesday in the wake of a pair of executive orders from President Donald J. Trump on immigration and sanctuary cities.
Daily Journal Staff Writer
SACRAMENTO — Democratic leaders in the state Legislature, along with the new attorney general, were defiant on Wednesday in the wake of a pair of executive orders from President Donald J. Trump on immigration and sanctuary cities.
Speaking at an impromptu press conference at the State Capitol, several prominent legislators signaled they would challenge the Trump administration using the courts, the Constitution and the very definition of the term "sanctuary city."
Senate President Pro Tem Kevin de León, D-Los Angeles, said what he called the "nebulous" term has been used to define a number of local policies dating back to U.S. involvement in Central American civil wars in the 1980s.
"There is no such thing as a sanctuary city, where there is this invisible force shield and you reach it and you touch base as if you are playing tag, you're safe," de León said. "With regard to federal grants that may be withheld, that would take an act of Congress."
De León also noted the Legislature's contract with former Obama administration Attorney General Eric H. Holder Jr. and his firm, Covington & Burling LLP. The firm will be on retainer as of Feb. 1.
Trump's order states he will attempt to withhold federal grants from "sanctuary jurisdictions" that "willfully refuse to comply" with federal immigration laws.
California Republicans have praised Trump's order and warned the state against picking fights with the administration that could threaten federal funds.
"President Trump's actions are the right start to enforcing our laws and protecting our citizens," said House Majority Leader Kevin McCarthy, R-Bakersfield, in a statement.
Meanwhile, the parameters of potential state-federal legal battles over immigration are starting to come into focus.
State Attorney General Xavier Becerra quickly weighed in, the day after he was sworn in.
In his first press release, Becerra hinted at potential legal challenges from his office. "Executive orders do not change existing law," the Wednesday afternoon statement said. "Executive orders cannot contradict existing law. And Executive orders can be challenged for violating constitutional and legal standards in their enforcement."
"He cannot force states and cities to participate in his plan to deport undocumented immigrants," said Senate Judiciary Committee Chair Hannah-Beth Jackson, D-Santa Barbara. "Indeed, the Tenth Amendment prevents the federal government from commandeering state and local governments by requiring them to enforce federal mandates."
Sanctuary cities around the state issued similar responses. Los Angeles Mayor Eric Garcetti said the city's police department has had a policy of not enforcing federal immigration laws for 40 years in order to encourage crime witnesses to step forward.
A ruling in San Francisco earlier this month could provide a partial blueprint for how California may respond legally. U.S. Magistrate Judge Joseph C. Spero threw out claims brought by the parents of a woman shot and killed by a man in the United States illegally. The man shot Kathryn Steinle to death in 2015 weeks after he was released from a local jail.
Spero said the plaintiffs' case overstated the extent to which local law enforcement is legally compelled to cooperate with federal Immigration and Customs Enforcement. Steinle et al. v. City and County of San Francisco et al., 16-CV02859 (N.D. Cal., filed May 27, 2016).
malcolm_maclachlan@dailyjournal.com
Malcolm Maclachlan
malcolm_maclachlan@dailyjournal.com
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