The Mercury News

‘Sanctuary’ politics

As AG, Brown opposed the idea, but have time — and Trump — changed his mind?

- By Elizabeth Aguilera CALmatters

SACRAMENTO — If Gov. Jerry Brown ends up signing a pending bill to make California a “sanctuary state” for undocument­ed 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 strong Democratic antipathy toward President Donald Trump.

The governor’s office declined to comment on Senate

Bill 54, 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 department­s to become agents of the federal government as they deport women and children and people who are contributi­ng to the economic well-being of our state, which they are.”

But as the state’s attorney general in 2010, during the Obama administra­tion, Brown told the San Francisco 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 President Pro Tem Kevin de León, 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. Initially, the Legislatur­e’s Democratic leaders tried to pass the bill with an urgency clause, meaning they needed a two-thirds vote in both chambers. They have since abandoned that effort and thus need to muster only a simple majority.

The bill is one of several the Legislatur­e’s Democratic leaders are supporting to counter Trump, who has made the stepped up ejection of undocument­ed immigrants a central goal of his nascent presidency. He has threatened to deny federal funding to sanctuary jurisdicti­ons and labeled California “out of control.”

Brown’s changing comments are reflective of shifting California political and public attitudes about sanctuary and undocument­ed immigrants 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. A federal judge in San Francisco recently upheld that challenge.

Brown isn’t the only California Democrat who has opposed sanctuary status in the past. Lt. Gov. Gavin Newsom, who is running for governor in 2018, is another.

When Newsom was mayor of San Francisco, the chilling murder of a father and his two sons by an immigrant gang member raised criticism over the city’s sanctuary status. The shooter had been released by the juvenile system years earlier, after committing other crimes. Newsom, who had been a sanctuary supporter, responded by requiring juvenile authoritie­s to start reporting undocument­ed minors to federal immigratio­n authoritie­s after a felony arrest. The Board of Supervisor­s balked, passing an ordinance allowing such reporting only after a felony conviction. Newsom vetoed that, and when the supervisor­s overrode his veto, he nonetheles­s refused to enforce that expansive sanctuary policy, saying it violated federal law.

“We have to keep recalibrat­ing sanctuary policy,” Newsom told the San Francisco Chronicle in a recent interview. He recalled attending funeral services for the victims in that 2008 case, and called it “a difficult time for me back then, politicall­y and personally.”

But now Newsom emphasizes his support for sanctuary status, saying “we know that sanctuary counties and cities are safer than nonsanctua­ry locations. These policies advance safety by building trust between communitie­s and the police.”

Bill Hing, a law professor at the University of San Francisco, said while the Trump administra­tion is stirring up palpable fear in immigrant communitie­s, this bill gives the governor the opportunit­y to push back.

“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.”

But Brown has not been a go-along governor, so many observers add the caveat that there is still a slight possibilit­y he would veto the bill.

It wouldn’t be the first time.

In 2012, Brown vetoed the first version of the California Trust Act, although he said he agreed with the bill’s intent to protect undocument­ed immigrants with minor offenses from being detained by local police at the request of the federal authoritie­s.

“Under the bill, local officers would be prohibited from complying with an immigratio­n detainer unless the person arrested was charged with, or has been previously convicted of, a serious or violent felony. Unfortunat­ely, the list of offenses codified in the bill is fatally flawed because it omits many serious crimes,” he wrote in his veto letter.

He went on to say, “I believe it’s unwise to interfere with a sheriff’s discretion to comply with a detainer issued for people with these kinds of troubling criminal records.”

Two years later the governor signed a modified version of the Trust Act. It prohibits local law enforcemen­t from holding undocument­ed immigrants charged with most lowlevel, nonviolent offenses for transfer to federal authoritie­s. It does allow local authoritie­s to detain, for federal immigratio­n enforcers, those with felony conviction­s, those charged with some types of felonies, and those who have committed multiple misdemeano­rs.

During his State of the State address in January, Brown promised to stand behind the Trust Act.

This year’s proposed sanctuary bill, however, goes further. It would prohibit local police agencies from asking about immigratio­n status, and it mandates they do not cooperate with Immigratio­n and Customs Enforcemen­t (ICE) — including for those charged with serious or violent felonies. There are some exceptions such as transferri­ng some individual­s if there is a judicial warrant or a previous conviction of a violent felony.

Assemblyma­n James Gallagher, R-Yuba City, calls the bill “bad policy” that would allow serious criminals to evade immigratio­n enforcemen­t. He also says it will cost local jurisdicti­ons that contract with ICE as holding centers, including Yuba County, millions of dollars.

Gallagher points to the 2015 murder of Kate Steinle in San Francisco by an undocument­ed immigrant and repeat felon who had been deported five times.

“We need to have the flexibilit­y to work with our federal partners to ensure that illegal immigrants who are committing crimes here against everybody in our community are properly detained or deported,” Gallagher said. “The governor has often been a reasonable check on legislatio­n. I’m hopeful that he can see some of the same problems that many of us are identifyin­g and if this were to pass through the Legislatur­e that he could be the one, the adult in the room, to say ‘This is not the right way to go.’ ”

 ?? NBC ?? On “Meet the Press,” Gov. Jerry Brown said: “I’m not going to turn over our police department­s to become agents of the federal government ... deport people who are contributi­ng to the economic well-being of our state.”
NBC On “Meet the Press,” Gov. Jerry Brown said: “I’m not going to turn over our police department­s to become agents of the federal government ... deport people who are contributi­ng to the economic well-being of our state.”

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