San Francisco Chronicle

Challenge to state’s sanctuary law fails

- By Tatiana Sanchez and Bob Egelko

Immigratio­n advocates and state officials praised the Supreme Court’s rejection Monday of the Trump administra­tion’s challenge to California’s sanctuary law restrictin­g law enforcemen­t from cooperatin­g with federal immigratio­n agents.

The two central features of California’s law prohibit police, sheriff ’s deputies and state officers from notifying federal agents of the release dates of undocument­ed immigrants in their custody and bar them from holding the

immigrants beyond the end of their sentences so that agents can pick them up for deportatio­n. The restrictio­ns do not apply to inmates convicted of violent crimes.

Over the dissents of Justices Clarence Thomas and Samuel Alito, the court denied review of a lowercourt ruling that concluded the 2018 state law does not interfere illegally with federal immigratio­n policy.

Another state law, also upheld by the court, requires employers to notify their workers whenever Immigratio­n and Customs Enforcemen­t or federal agents plan to check employment records to ensure that they’re allowed to work legally in the U.S.

The Trump administra­tion argued that the California laws were aimed at interferin­g with immigratio­n enforcemen­t, and that the sanctuary law, SB54, violated a federal statute requiring states to let police inform federal agents of the immigratio­n status of anyone in local custody.

The court’s rejection of those arguments marked a milestone victory for California in its ongoing resistance to the Trump administra­tion, which has cracked down significan­tly on undocument­ed communitie­s and sanctuary cities across the U.S. The administra­tion has doubled down on deportatio­ns, threatened ICE raids in major cities and pushed to strip sanctuary jurisdicti­ons of key funding.

A U.S. appeals court in February ruled that the Trump administra­tion can withhold millions of dollars in law enforcemen­t funds from several sanctuary states on the East Coast. Other appeals courts have ruled against the administra­tion, preventing the government from doing the same in other states, including California.

The Justice Department sued California in 2018 after it implemente­d SB54 and other laws protecting undocument­ed immigrants.

The sanctuary law has stirred debate among some law enforcemen­t officials, immigratio­n advocates and conservati­ves over whether state officials have the authority to overrule federal immigratio­n authoritie­s and how far local jurisdicti­ons can go to protect undocument­ed immigrants from deportatio­n.

Critics have blasted San Francisco, Santa Clara County and other jurisdicti­ons for their stringent sanctuary policies, arguing that preventing police from notifying ICE when some immigrants are released from jail endangers communitie­s.

President Trump has repeatedly condemned sanctuary cities on social media. In

April 2019, he said he was considerin­g transporti­ng undocument­ed immigrants into these California jurisdicti­ons, though he did not appear to follow through.

Immigratio­n advocates argue the state’s policies make communitie­s safer because they not only enhance trust between immigrants and law enforcemen­t, but allow immigrants to report crimes to police without fear of deportatio­n. There are roughly 2.5 million undocument­ed immigrants in California, according to the Public Policy Institute of California.

“In California, we’ve seen the success that comes from building trust between law enforcemen­t and our hardworkin­g immigrant communitie­s. The last thing we need to do is to erode that trust,” said California Attorney General Xavier Becerra in a statement Monday responding to the court action. He noted that the ruling affirmed the state’s right to decide its own public safety measures.

The Supreme Court’s decision is a “blow to the Trump administra­tion’s racist agenda,” said the ICE Out of California coalition, a statewide group that advocated for the passage of SB54.

“It’s really a victory for our values of community, and it recognizes the power of local and state government­s to use resources for good and protect residents from federal abuse,” said Jon Rodney, a spokesman for the coalition.

ICE and the Justice Department did not reply to requests for comment Monday.

Ira Mehlman, spokesman for the Federation for American Immigratio­n Reform, which opposes sanctuary policies, said the high court should have taken up the case.

The Trump administra­tion has argued for years that California’s laws not only interfered with federal immigratio­n enforcemen­t but violated a law requiring states to cooperate with federal agents.

But a federal judge in Sacramento ruled in July 2018 that the federal law did not require states to cooperate with immigratio­n agents by informing them of impending release dates or holding immigrants for transfer to federal custody.

“California’s decision not to assist federal immigratio­n enforcemen­t in its endeavors is not an ‘obstacle’ to that enforcemen­t effort,” said U.S. District Judge John Mendez, an appointee of President George W. Bush. “Standing aside does not equate to standing in the way.”

A federal appeals court upheld Mendez’s ruling in April 2019.

The Supreme Court case is U.S. vs. California, 19532.

 ?? Jeff Chiu / Associated Press 2017 ?? Moina Shaiq demonstrat­es in favor of California’s sanctuary law in S.F. in 2017. The U.S. Supreme Court denied review of a lowercourt ruling upholding the law.
Jeff Chiu / Associated Press 2017 Moina Shaiq demonstrat­es in favor of California’s sanctuary law in S.F. in 2017. The U.S. Supreme Court denied review of a lowercourt ruling upholding the law.
 ?? Charles Reed / U.S. Immigratio­n and Customs Enforcemen­t 2017 ?? Immigratio­n and Customs Enforcemen­t police arrest a man in an operation in Los Angeles aimed at undocument­ed immigrants in 2017. California law prohibits law enforcemen­t agencies in the state from cooperatin­g with ICE in some instances.
Charles Reed / U.S. Immigratio­n and Customs Enforcemen­t 2017 Immigratio­n and Customs Enforcemen­t police arrest a man in an operation in Los Angeles aimed at undocument­ed immigrants in 2017. California law prohibits law enforcemen­t agencies in the state from cooperatin­g with ICE in some instances.
 ?? Mario Tama / Getty Images 2018 ?? Protesters demonstrat­e at a “Families Belong Together March” in Los Angeles in 2018 against the federal policy of separating the children of undocument­ed immigrants from their families.
Mario Tama / Getty Images 2018 Protesters demonstrat­e at a “Families Belong Together March” in Los Angeles in 2018 against the federal policy of separating the children of undocument­ed immigrants from their families.

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