Magistrate judge orders depositions of federal officials in immigration suit

SACRAMENTO -- A federal magistrate judge said Wednesday he would allow California to depose two high-level U.S. government officials in a case challenging the state's so-called sanctuary laws.

U.S. Magistrate Judge Kendall J. Newman gave the federal government until April 13 to arrange four-hour depositions of Thomas Homan, the deputy director of Immigration and Customs Enforcement, and Todd A. Hoffman, executive director of admissibility and passenger programs with U.S. Customs and Border Protection.

The federal government has been pushing for a fast resolution to its challenge to three so-called sanctuary state laws in California, and its attorneys have filed for a preliminary injunction to block the enforcement of SB 54, which limits local law enforcement's cooperation with federal immigration officers; AB 103, allowing state inspections of immigration detention facilities in California; and AB 450, barring ICE inspections of private work sites without a warrant.

Attorneys with the U.S. Department of Justice argued that state attorneys have attempted to slow down the case by pushing to open an expedited discovery period in the case and by seeking unnecessary depositions from busy federal officials. U.S. v. California, 18-CN00490-, (E.D. Cal., filed March 6, 2018).

"You put the burden on the state," Newman told federal attorneys. "Folks, these depositions are going to happen, and they're going to happen quickly."

Newman said he would allow the officials to be deposed in Washington, D.C. to reduce the burden.

He also noted another major outstanding issue -- the state's bid to relate the current case to one it filed last year, and have both cases heard in the Northern District. California v. Sessions, 17-CV04701 (N.D. Cal., filed Aug. 14, 2017).

Newman asked both sides to agree to move forward with the discovery motions on Wednesday, even though the entire case may soon change venues.

Federal attorneys filed their opposition to the transfer motion Tuesday, arguing it was yet another attempt to "delay consideration of the United States' preliminary injunction motion."