Federal judge upholds California's sanctuary laws

ASIAN IMMIGRANT WOMEN ADVOCATES

Some of the largest protests against Donald Trump's immigration policies have taken place in California.

I CAN ALMOST HEAR Attorney General Jeff Sessions cursing in his southern drawl after a federal judge ruled in favor of the bulk of California's sanctuary laws aimed at countering Donald Trump's crackdown against undocumented immigrants.

US District Judge John Mendez rejected today (June 5) the Department of Justice's attempt to overrule a California law that limits immigration-related information state and local law enforcement can share with federal officials and how much those agencies can assist Immigration and Custom Enforcement efforts.

The Sacramento-based judge also declined the DOJ's request to block another law guaranteeing California officials certain information about local and privately run jails that hold immigration detainees.

Mendez also partially upheld the third law, AB 450, which regulates interactions between private employers and federal authorities. He ruled that the state could require employers to notify employees about upcoming workplace inspections, but he sided with the Feds in rejecting the part of the law that barred employers from voluntarily cooperating with immigration officials and from reverifying the legal work status of employees.

"The Constitution gives the people of California, not the Trump Administration, the power to decide how we will provide for our public safety and general welfare. California’s laws work in concert—not conflict—with federal law," said California Attorney General Xavier Becerra in a statement. He called Mendez's opinion "a strong ruling against federal overreach."

The California case was the DOJ's most direct challenge to date against California that has opposed the aggressive ICE actions against undocumented immigrants. The state is home to t he most undocumented immigrants in the country.

Mendez added that making law through the courts is not an effective way to create legislation. He urged Congress to get over their partisanship and develop new immigration laws.  “Our Nation deserves it,” he wrote. “Our Constitution demands it.”

Gov. Jerry Brown stated, “I agree with Judge Mendez that piecemeal judicial decisions won’t solve the nation’s immigration challenges. Only Congress can chart the path forward by rising above mindless, partisan divisions and working together to solve this problem, not exacerbate it.”

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Judge upholds injunction vs. Trump punishing 'sanctuary' local governments

IN ANOTHER SETBACK to the Donald Trump administration, a federal judge in California has denied the Department of Justice's request to remove an injunction halting the withholding of federal monies from local governments not assisting the enforcement of immigration policies.

On Thursday (July 20) U.S. District Judge William Orrick III in San Francisco upheld the injunction preventing any withholding of federal funding to those government entities not cooperating with immigration officers. The judge said the narrower interpretation released by Sessions did not alter the court's initial April decision to impose the block on Trump's executive order.

In ruling against the Trump administration's motion, Orrick said that "that the Counties have standing, that their claims against the Executive Order are ripe, and that they are likely to succeed on the merits of those claims."

Trump issued the order in January directing that funding be slashed to all jurisdictions that refuse to comply with a statute that requires local governments to share information with immigration authorities.

The so-called sanctuary jurisdictions generally do not offer assistance to ICE when the immigration officers conduct their enforcement duties. Dozens of local governments and cities, including San Francisco, Santa Clara County, New York, Los Angeles and Chicago, have joined the growing “sanctuary” movement.

RELATED:

• The criminalization of immigrants
• Judge bars reprisal against 'sanctuary' governments

The Trump administration contends that local authorities endanger public safety when they decline to hand over for deportation undocumented immigrants arrested for crimes.

However, research and studies have shown that developing trust between law enforcement and immigrant communities make those communities safer. If local law enforcement is used to enforce immigraiton laws, that trusting relationship would be replaced by distrust, suspicion and fear.

After Trump issued the sanctuary cities executive order earlier this year, Santa Clara County — which includes the city of San Jose and several smaller Silicon Valley communities — sued, saying it was unconstitutional. San Francisco filed a similar lawsuit.

In a ruling in April, Orrick said Trump’s order targeted broad categories of federal funding for sanctuary governments and that plaintiffs challenging the order were likely to succeed in proving it unconstitutional.

"If there was doubt about the scope of the Order, the President and Attorney General have erased it with their public comments," Orrick wrote. "The Constitution vests the spending power in Congress, not the President, so the Order cannot constitutionally place new conditions on federal funds."

“Once again, the District Court has sent a message to President Trump that he cannot use the threat of withholding funds to coerce local governments into becoming federal immigration operatives—an unconstitutional effort that puts at risk vital services for millions of people across the country,” said Dave Cortese, President of the Santa Clara County Board of Supervisors.