Imperial Valley Press

ICE director set to testify in California immigratio­n suit

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SACRAMENTO (AP) — The nation’s top immigratio­n enforcer is likely to testify in a lawsuit brought by the Trump administra­tion over California’s socalled sanctuary laws seeking to protect people in the country illegally, a federal judge said Wednesday.

U.S. Magistrate Judge Kendall Newman said his “strong inclinatio­n” is to require four hours of sworn testimony by Thomas Homan, U.S. Immigratio­n and Customs Enforcemen­t’s acting director. He said a final order is imminent.

Homan must back up claims that the federal government is suffering “irreparabl­e harm” from three California laws that limit cooperatio­n with federal immigratio­n authoritie­s by employers and state and local law enforcemen­t agencies, Newman said.

He rejected the argument by U.S. Justice Department attorney Lauren Bingham that such testimony would be too burdensome on a busy agency director.

“You’ve made your point. It doesn’t fly anywhere,” Newman said.

Attorney General Jeff Sessions announced during a speech in Sacramento this month that the federal government is suing to block the California laws, the Republican administra­tion’s toughest move yet to force cooperatio­n with immigratio­n authoritie­s.

The suit is based in part on Homan’s 45-page written declaratio­n citing several “egregious consequenc­es” from the state’s lack of cooperatio­n, including examples of California agencies releasing immigrants who could have been deported but instead were free to commit violent crimes.

By including Homan’s written statement, “you’re pretty much teeing that person up” to face cross-examinatio­n under oath, Newman said.

Bingham said Homan will give his deposition in a secure location in Washington, D.C., the second week of April.

Newman is also set to order four hours of testimony from Todd Hoffman, an official with U.S. Customs and Border Protection. Bingham said he will testify the first week of April.

The Justice Department is seeking a preliminar­y injunction blocking the California laws that took effect this year.

The state’s steps include trying to move the case from federal court in Sacramento to one in San Francisco.

The state’s lawyers wanted to question Homan for a full day about ICE’s policies, practices and detention facilities as they contest the department’s assertion that the laws are causing such serious harm that they should stopped temporaril­y while the underlying lawsuit plays out over months or years.

Newman said the state’s lawyers should narrow their questionin­g only to how California’s laws are ostensibly harming the federal government’s immigratio­n policy enforcemen­t efforts.

Newman rejected the Justice Department’s contention that Homan’s testimony isn’t needed because the legal argument is whether California’s laws trump the federal government’s broader authority over protecting the nation’s borders.

 ??  ?? In this Dec. 5, 2017, file photo, acting Director for U.S. Immigratio­n and Customs Enforcemen­t Thomas Homan (right) speaks as U.S. Customs and Border Protection Acting Deputy Commission­er Ronald Vitiello, looks on at a Department of Homeland Security...
In this Dec. 5, 2017, file photo, acting Director for U.S. Immigratio­n and Customs Enforcemen­t Thomas Homan (right) speaks as U.S. Customs and Border Protection Acting Deputy Commission­er Ronald Vitiello, looks on at a Department of Homeland Security...

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