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Wednesday, March 7, 2018
The United States Justice Department (DoJ) filed a lawsuit on Tuesday in federal district court against the State of California regarding three California “sanctuary” laws regarding immigration.
The term “sanctuary city” — or for California “sanctuary state” — does not have a precise legal definition but generally refers to jurisdictions which limit or do not allow communication with or aid federal immigration officials.
In the Eastern District of California court filing, the federal government argues the state laws obstruct justice for individuals violating federal immigration laws. According to the DoJ, it violates the authority that the U.S. Constitution gives federal law supremacy when it conflicts with state law.
State Attorney General Bercerra said on Tuesday, “We hope that the federal government would recognize that under the Constitution and the 10th Amendment that the state of California and the 50 states have the power to decide how to do public safety.”
U.S. Attorney General Jeff Sessions spoke in the state capital Sacramento at a California Peace Officers Association event about the lawsuit. Sessions largely derided California officials over the state’s immigration laws saying, “California, we have a problem. A series of actions and events has occurred that directly and adversely impact the work of our federal officers.”
The Trump administration seeks to challenge these laws as part of its new immigration policy.
During a press conference on Wednesday, Governor Brown responded to Sessions, “It will not stand… This is a time to build bridges, not walls, to pull Americans together, not set us apart. Like so many in the Trump administration, this attorney general has no regard for the truth.”
In his speech, Sessions took aim at the Oakland mayor who had warned city residents last week of an immigration raid. Sessions said of Mayor Libby Schaaf, “The mayor of Oakland has been actively seeking to help illegal aliens avoid apprehension by ICE [Immigration and Customs Enforcement]. Her actions support those who flout our laws and boldly validate the illegality. Here’s my message to Mayor Schaaf: How dare you?… How dare you needlessly endanger the lives of law enforcement just to promote your radical open borders agenda?”
California Attorney General, Becerra, asserted Tuesday night that the California laws are in accordance with constitutional law and adding, “States and local jurisdictions have the right to determine which policies are best for their communities.”
Becerra responded to Sessions on Wednesday along with the governor saying, “Here in California, we respect the law and the Constitution. We expect the federal government to do the same. California is in the business of public safety. We’re not in the business of deportations.”
The three laws cited in the complaint are Assembly Bill (AB) 103, AB 450, and Senate Bill (SB) 54. The first, AB-103, requires the state attorney general’s office to inspect immigration detention facilities in the state. SB-450, the Immigrant Worker Protection Act, forbids employers from handing over employee information to immigration officials without a court order. SB-54 limits how state employees including police can share information with federal officials.
Under the previous Barack Obama administration, the Justice Department won a Supreme Court case against Arizona’s SB-1070 law which included a provision making illegal immigrants to register with the US government . While the high court struck down some parts of the law, it kept in place a portion allowing Arizona police officers to check the immigration status of detained people.
State officials said they would see the Justice Department in court. Governor Brown tweeted Tuesday evening addressing the federal attorney general directly and the lawsuit, “At a time of unprecedented political turmoil, Jeff Sessions has come to California to further divide and polarize America. Jeff, these political stunts may be the norm in Washington, but they don’t work here. SAD!!!”