Long considered the battleground for federal and municipal officials over immigration policy, California’s southern border is currently the subject of a resurgent discussion about the extent local leaders can go to prevent deportations.
An organization headed by Stephen Miller, the adviser to President-elect Donald Trump, sent a letter warning that sanctuary jurisdiction employees and elected officials could face criminal charges for interfering with federal immigration enforcement after San Diego County took action earlier this month to improve protections for undocumented residents.
“We have identified San Diego County as a sanctuary jurisdiction that is violating federal law,” the America First Legal Foundation wrote in a letter dated December 23.
On that day, the conservative legal charity said it had found 249 elected officials in sanctuary jurisdictions who would be subject to legal action due to their immigration policy. Similar letters were sent to Los Angeles Mayor Karen Bass and the California Attorney General’s office.
Additionally, the letter raises the possibility of civil culpability for sanctuary city authorities under federal anti-racketeering laws.
On December 12, San Diego’s board of supervisors passed a policy that forbids local law enforcement from informing immigration officials on undocumented inmates in local jails without a court order, in response to Trump’s pledge to implement the biggest mass deportation campaign in American history.
The recently passed ordinance in San Diego goes beyond California’s existing sanctuary law, which merely restricts collaboration between federal Immigration and Customs Enforcement (ICE) and local law enforcement.
Unless a non-citizen inmate has committed one of the roughly 800 major felonies listed in the legislation, jailers are not allowed to alert ICE about them when they are set to be released from local criminal custody.
State prison authorities often engage with ICE over individuals in custody, including U.S. citizens, according to public data.
Sheriff Kelly Martinez said she would not adhere to the new policy and would continue to grant immigration agents access to jail inmates in response to the rapid criticism of San Diego County’s decision.
Just weeks after being elected to a second term, Nora Vargas, the chair of San Diego County’s Board of Supervisors, resigned on Friday over security concerns, according to a letter from the American First Legal Foundation.
Federal law is unambiguous: hiding, harboring, or protecting illegally present foreign nationals is illegal and they are subject to removal. The letter, which was received three days after the resignation, also claims that it is illegal to stop federal officers from implementing immigration law.
Vargas asked a spokesman about the letter, but the spokeswoman did not immediately answer. Tijuana native Vargas has consistently defended the rights of immigrants and asylum seekers.
On the San Diego County Board of Supervisors, she was the first immigrant and Latina member. For the first time in decades, a Democrat took the board position after she was elected in 2020.
When asked if the administration plans to bring charges against local leaders in sanctuary cities, representatives for Trump’s transition team did not immediately answer. Miller has been appointed deputy chief of staff for homeland security and policy under President Trump.
California preparing legal battles with Trump administration
Last month, during a special session called by Governor Gavin Newsom, state representatives asked the Legislature for $25 million to fight the new administration in court on matters like immigration.
Attorney General Rob Bonta’s office responded to the America First letter by saying, “This is a scare tactic, plain and simple.”
We would want to emphasize that SB 54, which forbids the use of state and local resources for federal immigration enforcement with some restricted exceptions, was affirmed by the courts under the first Trump administration, even if we are unable to comment on the letter’s contents.
However, SB 54 has no effect on federal agencies’ ability to enforce immigration laws on their own. California will continue to adhere to all relevant federal and state laws, and we anticipate that all local law enforcement agencies will follow suit.
In response to the letters, Healdsburg’s Democratic state Senate leader Mike McGuire described the projected immigration policies of the new administration as harsh and detrimental to the state’s economy.
According to McGuire, whose office did not get the letter, the prior Trump administration approached California on a number of legal fronts and, for the most part, lost. I promise that we will be ready once more.
Policies in a number of the state’s largest cities restrict collaboration between local law enforcement and federal immigration officials. Advocates contend that when immigrants collaborate with law enforcement or report crimes, their fear of deportation is lessened.
After Trump was elected, the strategy was accelerated when Los Angeles approved a sanctuary city ordinance in November.
Zach Seidl, a spokesman for Los Angeles Mayor Karen Bass, responded to a question about the America First letter by saying it was illegal and in violation of the law.
Sanctuary policies are illegal, denigrate American democracy, and demonstrate a startling lack of respect for our Constitution and its people. According to James Rogers, senior counsel at America First Legal, the individuals in control of sanctuary jurisdictions have no justification and need to answer for their actions.
Trump targeted California sanctuary cities before
In 2017, then-Governor Jerry Brown approved the state’s sanctuary law, which forbids police from asking people about their immigration status and restricts local sheriffs’ ability to transfer inmates to federal immigration custody.
State prisons, which frequently send formerly incarcerated individuals to Immigration and Customs Enforcement for deportation proceedings, are exempt from Senate Bill 54.
Miller and other Trump advisers have thought of using federal pressure to get jurisdictions that don’t comply with federal immigration agents to do things like withhold federal payments.
In 2020, the Supreme Court denied the previous Trump administration’s plea to repeal California’s sanctuary statute in federal court.
Trump’s Department of Homeland Security suggested filing criminal charges against lawmakers in sanctuary-policy communities in 2018. No charges were brought.
It is illegal for so-called sanctuary jurisdictions to forbid cooperation with law enforcement and adherence to federal immigration laws.
The America First letter further states that sanctuary jurisdictions are not allowed to require their personnel to violate federal immigration law.
However, the letter’s claim that sanctuary policies equate to hiding or sheltering federal fugitives is faulty, according to Ahilan Arulanantham, co-director of the Center for Immigration Law and Policy at UCLA School of Law.
It is not harboring to not ask someone about their status. In a text message on Friday, Arulanantham stated that neither party is reluctant to divulge such information. The letter doesn’t mention any criminal safeguards for such behavior, and I’m not aware of any.
Trump will need local politicians to help him implement his vow to deport more people than any past president.
Seventy to seventy-five percent of ICE arrests in the US interior are handoffs from another law enforcement agency, such as local jails or state or federal prisons, according to the Immigrant Legal Resource Center, a nationwide nonprofit that offers legal training and works on pro-immigrant policies in California and Texas.
Since 2019, more than 5,700 formerly jailed immigrants have been referred to ICE by California’s state prison system, according to federal data.
San Diego was the focal point of a spike in illegal crossings earlier this year, placing a burden on local resources. The bulk of the 37,370 individuals who passed between ports of entry in the San Diego sector in April turned themselves in to the Border Patrol in order to apply for asylum.
For a few weeks in 2024, this made it the nation’s most popular crossing, according to federal records. Following the implementation of additional asylum rules by the Biden administration in June, there was a significant drop in the number of unlawful crossings.
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Eliot Pierce is a dedicated writer for ChiefsFocus.com, covering local crime and finance news. With a keen eye for detail and a passion for storytelling, Eliot aims to provide his readers with clear and insightful analysis, helping them navigate the complexities of their financial lives while staying informed about important local events. His commitment to delivering accurate and engaging content makes him a valuable resource for the community.