UPDATED April 19 1 p.m. to include statement from ICE Out of California coalition.
The U.S. Court of Appeals in San Francisco agreed Thursday (April 18) with a Sacramento federal judge who ruled that California's so-called sanctuary laws don’t conflict with federal immigration statutes.
The three-judge panel also upheld a California measure that requires private employers to alert workers before federal immigration inspections, while directing the lower-court judge to re-examine part of a third law that authorizes the state attorney general to inspect facilities that house immigrants not detained for criminal offenses.
A federal judge Thursday (April 18) ruled against the Trump administration’s attempt to immediately halt California’s so-called sanctuary laws.
The Ninth Circuity three-judge panel agreed with the lower court's Judge John Mendez, in U.S. District Court in Sacramento, who denied a request by the federal Department of Justice for a preliminary injunction against California laws that limit cooperation with immigration enforcement officials.
“Today’s ruling marks a defeat for the Trump administration’s hateful and discriminatory agenda," stated the steering committee of the ICE Out of California coalition, including Advancing Justice – Asian Law Caucus, California Immigrant Policy Center, California Immigrant Youth Justice Alliance, Immigrant Legal Resource Center, and National Day Laborer Organizing Network.
"With the 'sanctuary state' law upheld in full, it is imperative for local governments to separate themselves from the inhumane business of detaining and deporting community members," the coalition statement continued.
The legal question at the heart of this lawsuit is well-settled across the ideological spectrum: the federal government cannot force local governments to do its dirty work.”“Today’s ruling marks a defeat for the Trump administration’s hateful and discriminatory agenda," stated the steering committee of the ICE Out of California coalition, including Advancing Justice – Asian Law Caucus, California Immigrant Policy Center, California Immigrant Youth Justice Alliance, Immigrant Legal Resource Center, and National Day Laborer Organizing Network.
"With the 'sanctuary state' law upheld in full, it is imperative for local governments to separate themselves from the inhumane business of detaining and deporting community members," the coalition statement continued.
Judge Mendez ruled that the Trump administration failed to confront California’s primary concern: that total state cooperation with federal immigration enforcement would make Californians not more safe, but less.
“The historic police powers of the State include the suppression of violent crime and preservation of community safety,” the judge adding that the “ebb of tensions between communities and the police underscores the delicate nature of this relationship. Even perceived collaboration with immigration enforcement could upset the balance California aims to achieve.
The appeals court concluded that Washington doesn’t have the constitutional power to require California’s assistance in immigration enforcement.
SB 54, known as the California Values Act, bars local officials from informing federal officials about immigrants’ release dates from jail except in serious criminal cases. was signed into law by former then-Gov. Jerry Brown.
“SB 54 may well frustrate the federal government’s immigration enforcement efforts,” the court ruled. “However, whatever the wisdom of the underlying policy adopted by California, that frustration is permissible, because California has the right, pursuant to the anticommandeering rule, to refrain from assisting with federal efforts.”
“SB 54 may well frustrate the federal government’s immigration enforcement efforts,” the court ruled. “However, whatever the wisdom of the underlying policy adopted by California, that frustration is permissible, because California has the right, pursuant to the anticommandeering rule, to refrain from assisting with federal efforts.”
It is not known if the DOJ will appeal Mendez' decision.
In a statement to NPR, Immigration and Customs Enforcement said the sanctuary state policy protects "criminal aliens."
"To be clear, ICE neither expects nor wants, local law enforcement agencies to participate in immigration enforcement in the community; but as law enforcement officers, we do expect our partners to participate in protecting public safety," ICE told NPR.
In a statement to NPR, Immigration and Customs Enforcement said the sanctuary state policy protects "criminal aliens."
"To be clear, ICE neither expects nor wants, local law enforcement agencies to participate in immigration enforcement in the community; but as law enforcement officers, we do expect our partners to participate in protecting public safety," ICE told NPR.
California, with the country's larges undocumented population and immigrant community has consistently challenged many of Trump's immigration decrees with varying success.
Trump has criticized California for not supporting his policies on illegal immigration. He threatened just this week to send migrants caught crossing the southern border into the U.S. to so-called sanctuary cities -- most of them Democratic strongholds -- if they can no longer be legally detained.
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