Assembly Resolution Would End State Sanctuary Policies Comes Following Anti-ICE Protests In L.A.

‘Newsom’s sanctuary state agenda has made it harder to enforce the law and easier for mobs to take over our streets. Enough is enough’

Ever since California’s Sanctuary law first came into effect in 2017 following SB 54 signed into law by then-Governor Jerry Brown, many state lawmakers, mostly Republicans, have been trying to stop it. On the opposite side, the majority of lawmakers have fought hard to not only keep them Sanctuary status place, but to hinder ICE and other federal agencies.

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In November 2024 the rhetoric from both parties drastically increased. President-elect Donald Trump promised mass deportations and to smash through any sanctuary policies. Meanwhile, Governor Gavin Newsom and California Attorney General Rob Bonta issued their own promises to limit state and local involvement in deportations. And when Trump was sworn in January 20th, he made good on his promises, while sanctuary states like California and sanctuary cities made good on theirs. Federal forces were sent in to catch and deport criminals, and sanctuary areas did everything they could to block it.

By May, between 140,000 and 200,000 illegal immigrants were deported, showing a significant reversal of the Biden administration, which barely deported anyone. Over 100 California Counties and cities, not to mention the state itself, were found to be major violators of DHS immigration laws, and led in sanctuary city violations. The U.S. Attorney’s office, led by the U.S. Attorney for the Central District of California Bill Essayli, announced that they found a way around such policies.

This helped lead to a new bump in ICE deportation raids, leading to several days of riots and protests in L.A. earlier this month. With the situation in L.A. growing worse, it sparked lawmakers in California to do something. Their answer? Assembly Concurrent Resolution 98.

ACR 98

ACR 98, authored by Assembly Republican Leader James Gallagher (R-Yuba) and Assemblyman Stan Ellis (R-Bakersfield), would specifically call for an immediate end to policies that obstruct lawful immigration enforcement and urge the Governor to take immediate action to restore law and order. Essentially it would end the sanctuary system.

Click here to read the full article in the California Globe

State senator introduces bill to narrow California’s ‘sanctuary law’

California’s senate minority leader said the bill came in response to San Diego County’s vote to restrict local resources for immigration enforcement

California Senate Minority Leader Brian Jones, R-San Diego, introduced a bill Thursday that would make it harder for local law enforcement in California to resist cooperating with immigration authorities.

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On Friday, Jones was in downtown San Diego promoting his proposed changes to the state’s so-called sanctuary law as a group of nearby demonstrators loudly voiced their opposition.

The California Values Act currently limits cooperation between local law enforcement and immigration authorities, but makes exceptions in cases of people convicted of certain felonies.

SB 554, titled the Safety Before Criminal Sanctuary Act, seeks to mandate cooperation for those felonies, rather than giving local law enforcement discretion.

The bill would also prohibit local jurisdictions from passing their own ordinances to impose additional prohibitions beyond those set forth in such state law.

The measure comes after the San Diego County Board of Supervisors voted in December to restrict the use of county resources to aid immigration enforcement.

“Our bill is a direct response to this radical unconscionable policy and was born out of concerns from the immigrant communities in my district,” Jones said at a news conference Friday outside the County Administration Center.

Jones was joined by other elected officials, including El Cajon Mayor Bill Wells, San Diego County Supervisor Joel Anderson, Vista Mayor John Franklin, San Marcos City Councilmember Ed Musgrove and state Sen. Rosilicie Ochoa Bogh, R-Yucaipa, as well as Riverside County Sheriff Chad Bianco.

Jones insisted that the bill “is about protecting the public and aligning California with federal immigration enforcement for the worst offenders.”

Some steps away, a row of sheriff’s officers prevented demonstrators from approaching the area where the senator, and other officials and community members, were speaking. But that didn’t prevent the group from chanting in support of immigrants.

The group had gathered an hour earlier for a separate news conference opposing the bill.

“The so-called war against criminals is a pretext to attack our community that works here, that sweat for this country, that has given their lives fighting wars,” said Arcela Nuñez, from the North County community organization Universidad Popular. “We are here because we belong, this is our community, this is our country.”

The California Values Act was signed into law by then-Gov. Jerry Brown in 2017. It restricts cooperation with immigration officials, including notifying the federal government of inmate release dates and transferring individuals to Immigration and Customs Enforcement unless they have been convicted of certain crimes.

That bill aimed, among other things, to strengthen the trust of immigrant communities so they would feel safe to report crimes.

Click here to read the full article in the SD Tribune

Huntington Beach declares itself a ‘non-sanctuary city’

Huntington Beach is continuing its rebellious streak against the state’s sanctuary immigration law, which limits local resources from assisting federal immigration enforcement officials, declaring itself a “non-sanctuary city” at its Tuesday, Jan. 21, City Council meeting.

Mayor Pat Burns said the resolution approved unanimously by the City Council is “a signal to would-be criminals, do not come to Huntington Beach.”

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“The intent of this resolution is to deliberately sidestep the governor’s efforts to subvert the good work of federal immigration authorities and to announce the city’s cooperation with the federal government, the Trump Administration and Border Czar Tom Homan’s work,” the city said in a news release. “This new city policy and declaration are common sense, supports our law enforcement, and advances public safety throughout the city.”

All councilmembers spoke enthusiastically in support of the non-sanctuary city resolution, which says police and other city departments should coordinate and communicate with federal law enforcement agencies and honor U.S. Immigration and Customs Enforcement detainers.

An immigration detainer is a request from the agency to hold noncitizens who are in custody for up to 48 more hours and to notify the agency before they are released to allow ICE to take custody.

Councilmember Don Kennedy said the resolution must be enacted even if it only prevented one crime committed by someone who was in the country illegally.

“Because if you are the recipient of that crime, it’s going to change you and your family’s life forever,” he said.

The resolution also calls for the city attorney’s office to defend against any legal action brought by the state in response to the city’s stance.

“This is in the best interest of our community, Huntington Beach, to make sure we utilize every facet of law enforcement to make it the best place to live,” said Burns, who had a small white bust of President Donald Trump displayed in front of him during the council meeting.

City Attorney Michael Gates said the declaration has already taken effect and the Police Department is working closely with him to move forward with the City Council’s direction.

“As a long-standing practice, the Police Department does not announce law enforcement or investigative tactics,” Gates said in response to a request for more information about how the resolution would be enacted.

The Santa Ana-based Harbor Institute for Immigrant & Economic Justice denounced the resolution’s passing as “purely performative” and said it would be defeated in court.

“Instead of focusing on these life-or-death issues that residents face every day, politicians are wasting their energy blaming immigrant and refugee neighbors, undermining sanctuary policies that have been proven to decrease crime, and attacking the constitutional due process protections in our sanctuary state law, which have withstood numerous legal challenges over the past several years,” the organization said in a statement.

Resident Merlyn Gonzalez said the council’s declaration sends a dangerous message and is a waste of police resources, which should focus on real crimes.

“Immigrants are an asset, not a threat,” Gonzalez said. “Many industries in California, especially in tech, agriculture and hospitality, rely on immigrant labor.”

The California Values Act, which went into effect in 2018 and survived lawsuits at the time brought by the Trump administration and Huntington Beach, declares that trust between California’s immigrant community and state and local agencies is central to public safety, and immigrant community members may fear cooperating with police if they are working with federal immigration enforcement.

Andres Kwon, an American Civil Liberties Union of Southern California senior policy counsel and organizer, said the resolution makes Huntington Beach “extremely unwelcoming and essentially standing for hate and bigotry.”

“They are on legal quicksand,” Kwon said of Huntington Beach. “What I think is very harmful here is they are opening the city up to tremendous legal liability.”

Kwon pointed to how Los Alamitos, which had claimed in 2018 it was exempt from the California Values Act, was forced to repeal the ordinance its councilmembers passed at the time and had to pay $200,000 in attorneys’ fees as part of a settlement agreement in a lawsuit.

Click here to read the full article in the OC Register

California Judge Blocks One, Upholds Two ‘Sanctuary State’ Laws

Sanctuary StateA federal judge in Sacramento partially blocked one of California’s “sanctuary state” laws, but upheld two others, on Thursday.

The U.S. Department of Justice (DOJ) filed a challenge in March against the Inspection and Review of Facilities Housing Federal Detainees law (AB 103); the Immigrant Worker Protection Act (AB 450); and the California Values Act (SB 54). Attorney General Jeff Sessions traveled specially to Sacramento for the filing.

Judge John Mendez, a George W. Bush appointee, declined the state’s request in April to transfer the case to a more liberal federal court San Francisco. That was thought to be a good sign for the Trump administration’s case, but the judge ruled largely in the state’s favor Thursday, upholding AB 103 and SB 54, while blocking enforcement of portions of AB 450.

Experts had predicted SB 54 would be upheld and that AB 450 would be struck down, but had also predicted that AB 103 would be unlikely to survive.

DOJ spokesman Devin O’Malley provided a comment via e-mail to Breitbart News, calling the ruling on AB 450 a “major victory,” but expressing disappointment in the court’s ruling on AB 103 and SB 54:

When they passed SB 54, AB 103, and AB 450, California’s political leadership clearly intended to obstruct federal immigration authorities in their state. The preliminary injunction of AB 450 is a major victory for private employers in California who are no longer prevented from cooperating with legitimate enforcement of our nation’s immigration laws. While we are disappointed that California’s other laws designed to protect criminal aliens were not yet halted, the Justice Department will continue to seek out and fight unjust policies that threaten public safety.

In his ruling, Judge Mendez wrestled with the question of whether the Constitution’s Supremacy Clause barred the state’s attempts to restrict federal enforcement of immigration laws within the state. The judge also considered whether the Tenth Amendment to the Constitution reserved California’s right to deny assistance to the federal government as it sought to enforce immigration laws.

(His decision only affected the application of DOJ for a preliminary injunction against the state’s effort to enforce its sanctuary laws; the final merits of the case are still yet to be decided later in the legal process.)

With regard to AB 103, under which California subjected federal immigration detention facilities to state inspection, Judge Mendez held: “The Court finds no indication in the cited portions of the [Immigration and Nationality Act] that Congress intended for States to have no oversight over detention facilities operating within their borders.” The specific federal contracts for the operation of the facility, the judge further reasoned, “demonstrate that California retains some authority over the detention facilities.” In allowing the state to review the condition of federal facilities, the judge wrote, the law did not allow the state to do very much at all: “For all its bark, the law has no real bite.” Other provisions of the law, Judge Mendez, created no real conflict with federal law.

In considering AB 450, which prevents private employers from cooperating with federal immigration law enforcement officials voluntarily, Judge Mendez found the task of balancing state and federal authority more difficult. “The Court finds AB 450’s prohibitions on consent … troubling due to the precarious situation in which it places employers,” he wrote. “Irrespective of the State’s interest in protecting workers, the Court finds that the warrant requirement [of AB 450] may impede immigration enforcement’s investigation of employers or other matters within their authority to investigate.” However, he added that state and federal law did not necessarily conflict: “Congress has not expressly authorized immigration officers to enter places of labor upon employer consent, nor has Congress authorized immigration enforcement officers to wield authority coextensive with the Fourth Amendment.”

Ultimately, Judge Mendez blocked AB 450’s monetary penalties on employers who comply with the federal government, because he found such fines violated the Supremacy Clause “under the intergovernmental immunity doctrine,” which prevents states from discriminating against the federal government or those residents who choose deal with it. He also blocked enforcement of a provision of the California law that prevents employers from voluntarily re-verifying the immigration status of employees.

Finally, on SB 54 — the most controversial of California’s “sanctuary state” laws — Judge Mendez declined to agree with DOJ. He upheld a section of the law preventing the state from assisting the federal government by providing the release dates of illegal aliens detained by state and local law enforcement. According to Judge Mendez, the state law did not, in fact, conflict with federal law, which he interpreted as merely requiring the states to provide the citizenship status of detainees.

Judge Mendez later added: “California’s decision not to assist federal immigration enforcement in its endeavors is not an “obstacle” to that enforcement effort … refusing to help is not the same as impeding.” If it were, the Tenth Amendment would be meaningless, he suggested. Congress had not specifically indicated a “clear and manifest purpose to preempt state law” in the relevant federal immigration laws.

Judge Mendez also accepted the state’s argument that helping the federal government enforce immigration law would hurt public trust in local law enforcement, and hence local public safety.

The judge concluded:

This Court has gone to great lengths to explain the legal grounds for its opinion. This Order hopefully will not be viewed through a political lens and this Court expresses no views on the soundness of the policies or statutes involved in this lawsuit. There is no place for politics in our judicial system and this one opinion will neither define nor solve the complicated immigration issues currently facing our Nation.

If there is going to be a long-term solution to the problems our country faces with respect to immigration policy, it can only come from our legislative and executive branches. It cannot and will not come from piecemeal opinions issued by the judicial branch. Accordingly, this Court joins the ever-growing chorus of Federal Judges in urging our elected officials to set aside the partisan and polarizing politics dominating the current immigration debate and work in a cooperative and bi-partisan fashion toward drafting and passing legislation that addresses this critical political issue. Our Nation deserves it. Our Constitution demands it.

Neither California Governor Jerry Brown nor Attorney General Xavier Becerra had commented on the ruling by Thursday afternoon.

Joel B. Pollak is Senior Editor-at-Large at Breitbart News. He is a winner of the 2018 Robert Novak Journalism Alumni Fellowship. He is also the co-author of How Trump Won: The Inside Story of a Revolution, which is available from Regnery. Follow him on Twitter at @joelpollak.

This article was originally published by Breitbart.com/California

Feds won’t transfer some immigrant suspects to California custody, citing ‘sanctuary state’ law

As California moves ahead with policies to limit law enforcement cooperation on immigration-related offenses, U.S. authorities are responding in kind.

U.S. Customs and Border Protection agents in recent months have refused to transfer some suspects wanted by California law enforcement agencies for crimes including sexual assault and drug possession.

The new approach breaks long-established law enforcement custody protocols and is escalating tension between the federal government and California over the so-called sanctuary state law.

For years, criminal suspects encountered by U.S. immigration agents, either along the border or at ports of entry such as airports, have routinely been transferred to state agencies. …

Click here to read the full article from the L.A. Times

California Primary Today: Voters to Decide Shape of 2018 Midterm Elections

VotedVoters will head to the polls Tuesday in the California primary, which will not only determine the final matchups in several key statewide races, including the race for governor, but will also set the framework for the overall battle for the U.S. House nationwide.

Democrats are targeting at least seven, and as many as ten, congressional districts in the Golden State, hoping that widespread opposition to the Trump administration will draw their voters to the polls. However, Republicans have seen a surge in voter enthusiasm lately, thanks to the conservative pushback against California’s “sanctuary state” laws. In addition, a glut of Democratic candidates in otherwise winnable districts has given Republicans new hope.

California’s primary is a “top two” or “jungle” primary, in which all of the voters may choose from all of the candidates, regardless of party. The top two finishers qualify for the general election ballot — again, regardless of party. In 2016, that meant an all-Democrat final for the U.S. Senate election between eventual winner Kamala Harris and then-Rep. Loretta Sanchez. But in 2018, it could mean that Democrats fail to qualify for the November ballot in some districts, simply because they are splitting their vote among too many independently viable choices.

Voters will also be determining the fate of State Sen. Josh Newman (D-Fullerton), who voted to raise the gas tax last year by 12 cents per gallon and now faces a recall election. While many other legislators also voted for the gas tax hike, Newman is from a swing district where Republicans believe they can mount a successful challenge.

Typically, more than two-thirds of California voters submit their ballots by mail, but for the rest, polls will open at 7 a.m. Pacific Daylight Time and close at 8 p.m. Turnout is expected to be low, though that may not be the case in November.

Joel B. Pollak is Senior Editor-at-Large at Breitbart News. He was named to Forward’s 50 “most influential” Jews in 2017. He is the co-author of How Trump Won: The Inside Story of a Revolution, which is available from Regnery. Follow him on Twitter at @joelpollak.

This article was originally published by Breitbart.com/California

County jails released 349 people wanted by ICE since ‘sanctuary law’ started

In the first four and a half months since California’s “sanctuary law” went into effect, the San Diego County Sheriff’s Department released 349 people who were wanted by immigration officials without alerting the federal agency responsible for deportations.

That’s a little over half of the 605 people the agency requested, according to a spokeswoman for the Sheriff’s Department.

The 605 people that Immigration and Customs Enforcement asked jail officials for make up less than two percent of the 32,137 people booked in San Diego County jails so far this year. That’s consistent with the previous two years when ICE wanted to arrest between 1.5 and 1.6 percent of those in the Sheriff’s custody.

ICE doesn’t pick up every person the agency requests. In 2016, ICE officers did not pick up 157, or about 13 percent, of the people they wanted from the jails, according to the Sheriff’s Department. In 2017, the agency did not pick up 165 of those it requested, also about 13 percent. …

Click here to read the full article from the San Diego Union-Tribune

Carlsbad Joins Revolt Against California’s ‘Sanctuary State’ Laws

california-flagThe coastal city of Carlsbad joined over a dozen other local governments Monday in formally opposing California’s “sanctuary state” laws, and supporting the federal government’s lawsuit to overturn them.

The Los Angeles Times reports:

Carlsbad’s City Council waded into the national “sanctuary state” issue Monday evening, voting 4-1 to back the federal government’s lawsuit against California.

They also agreed the city should file a legal brief “when appropriate” in support of the federal action against the state’s Senate Bill 54, which prohibits local law enforcement officials from investigating arrestees’ immigration status or reporting that status to federal authorities.

A handful of other local jurisdictions have taken a position on the state law, which limits what state and local law enforcement officials from investigating arrestees’ immigration status or reporting it to federal authorities. Federal officials have said the law pre-empts their authority.

So far three [San Diego County] cities — National City, Chula Vista and San Diego — have stepped up to support the state law, while two jurisdictions — Escondido and San Diego County — have voted to oppose it.

The U.S. Department of Justice filed its lawsuit in early March. The lawsuit seeks to overturn the Immigrant Worker Protection Act (HB 450), the Inspection and Review of Facilities Housing Federal Detainees law (AB 103); and the California Values Act (SB 54). The Trump administration argues that these laws violate the Constitution’s Supremacy Clause.

In the weeks that followed, local activists, inspired by the Trump administration’s intervention, urged cities and counties to defy the sanctuary state laws and support the federal lawsuit. …

Click here to read the full article from Breitbart.com/California

Trump Rails Against California Sanctuary Policies

President Donald Trump on Wednesday hammered California for its so-called sanctuary immigration policies, in what appeared to be his latest push to embolden his base leading into the midterm elections.

As the debate over immigration heats up on Capitol Hill, Trump surrounded himself with mayors, sheriffs and other local leaders from California who oppose the state’s immigration policies and who applauded his administration’s hard-line efforts.

“This is your Republican resistance right here against what they’re doing in California,” said California Assemblywoman Melissa Melendez, coopting a term used by Democrats opposed to Trump’s presidency. She, like others, said the president and his policies were far more popular in the state than people realize.

“It’s a crisis,” Melendez said of the situation.

They were responding to legislation signed into law by Gov. Jerry Brown last year that bars police from asking people about their immigration status or helping federal agents with immigration enforcement. Jail officials can transfer inmates to federal immigration authorities if they have been convicted of one of about 800 crimes, mostly felonies, but not for minor offenses. …

Click here to read the full article from NBC Los Angeles

Orange County may play key midterm election role

Once coveted as a conservative bastion in liberal California, Orange County has become a last stand for the state’s Republicans.

Chased out of much of California by Democrats who hold every statewide office and a 39-14 advantage in U.S. House seats, the state’s GOP is trying to hold its ground in a historically Republican stronghold.

Republican elected officials in a string of cities and two counties — Orange and neighboring San Diego — have passed ordinances or taken other actions in opposition to the state’s so-called sanctuary law, enacted by the Democratic-run Legislature in response to Trump’s calls for more deportations and a wall on the U.S.-Mexico border. …

Click here to read the full article from Fox News