San Francisco Chronicle

Decision time for governor on bill to create sanctuary state

- By Elizabeth Aguilera

SACRAMENTO — If Gov. Jerry Brown ends up signing a pending bill to make California a sanctuary state for unauthoriz­ed immigrants, it will be an about-face for the governor, who publicly opposed the idea of sanctuary cities several years ago.

While it’s often difficult to predict Brown’s actions, many Capitol observers expect him to approve it, given both California’s political landscape and Democratic antipathy toward President Trump.

The governor’s office declined to comment on SB54, but there are clues to his sympathies. During a March interview on NBC’s “Meet the Press,” Brown said: “I’m following a very fine line here. I want to work with him (Trump) where there is something good, but I’m not going to turn over our police department to become agents of the federal government as they deport women and children and people who are contributi­ng to the economic wellbeing of our state.”

But as the state’s attorney general in 2010, during the Obama administra­tion, Brown told The Chronicle: “I don't support sanctuary cities . ... Just opening up the cities and saying our borders don't mean anything, as the state’s chief law enforcemen­t officer, I’m not going there.”

His views appear to have moved over the years — not unlike those of many of his fellow Democrats.

“We are in such a heightened political environmen­t that even despite his instinct or what he might think is good or bad policy, he would have a difficult time sending that back when this Legislatur­e is doing everything it possibly can to strike a defiant tone,” said Mike Madrid, a Republican political consultant.

The bill, sponsored by Senate Democratic leader Kevin de León of Los Angeles, would bar local and state law enforcemen­t from cooperatin­g with federal immigratio­n enforcemen­t or using any of their resources to do so, under almost all circumstan­ces. Critics say it ties the hands of local sheriffs and police chiefs when dealing with violent and serious felons.

The bill has already won Senate approval with a vote along party lines, and it is expected to clear the Assembly.

Brown’s changing comments are reflective of shifting California political and public attitudes about sanctuary and immigrants living illegally in the state, experts say.

“He does appear to have an aversion to any declaratio­n of sanctuary, but at the same time he is clear that he thinks state and local law enforcemen­t should not be the puppet of federal law enforcemen­t authoritie­s,” said Kevin Johnson, dean of the UC Davis School of Law.

In addition, experts point to Brown’s choice for attorney general as a harbinger of his evolving take on immigratio­n issues. In March, his pick for the job, Xavier Becerra, filed a brief in support of Santa Clara County’s challenge to Trump’s executive order, which went after sanctuary jurisdicti­ons. Last month, a judge upheld that challenge.

Bill Hing, law professor at the University of San Francisco, said that while the Trump administra­tion is stirring up palpable fear in immigrant communitie­s, SB54 gives the governor the opportunit­y to react.

“California needs to counteract that fear, and I believe the governor understand­s that need and will actually sign this bill in spite of what he said six or seven years ago,” Hing said. “The governor understand­s we are dealing with a different world. The state needs to send a more reassuring message to its residents.”

Some observers don’t rule out the possibilit­y that Brown will veto SB54. In 2012, the governor killed similar legislatio­n, although he said he agreed with its intent to protect unauthoriz­ed immigrants with minor offenses from being detained by local police at the request of the federal authoritie­s.

“Unfortunat­ely, the list of offenses codified in the bill is fatally flawed because it omits many serious crimes,” he wrote in his veto letter.

Two years later, the governor signed a modified version of the bill, known as the Trust Act. It prohibits local law enforcemen­t from holding unauthoriz­ed immigrants charged with most low-level, nonviolent offenses for transfer to federal authoritie­s.

This year’s proposed sanctuary bill, however, goes further. It would prohibit local police agencies from asking about immigratio­n status, and it bars them from cooperatin­g with Immigratio­n and Customs Enforcemen­t — including for those charged with serious or violent felonies.

Johnson, the law school dean, said Brown must balance the concerns of police officers and sheriffs who see this as state meddling in their ability to enforce the law in individual situations against those who worry that immigrant trust in the police will break down if they are viewed as cooperatin­g with federal immigratio­n authoritie­s.

“The governor is going to look carefully to ensure that state and local law enforcemen­t officers policy decisions are respected while understand­ing also that federal immigratio­n law should be enforced against serious criminals,” Johnson said. “There have been enough revisions to quell concerns about providing undue protection­s to persons convicted of crimes, and it seems he’s likely to sign this bill.”

 ?? Rich Pedroncell­i / Associated Press ?? Gov. Jerry Brown soon will have to decide whether to sign SB54, the sanctuary state bill that won approval in the state Senate and is now in the Assembly, where it is expected to pass.
Rich Pedroncell­i / Associated Press Gov. Jerry Brown soon will have to decide whether to sign SB54, the sanctuary state bill that won approval in the state Senate and is now in the Assembly, where it is expected to pass.

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