upper waypoint

Judge Tosses Bulk of Trump Administration's Lawsuit Challenging State's 'Sanctuary' Laws

Save ArticleSave Article
Failed to save article

Please try again

People protest outside a speech by U.S. Attorney General Jeff Sessions on March 7, 2018, in Sacramento, where he announced a lawsuit challenging three recently enacted California laws regulating the state's cooperation with federal immigration enforcement. (Noah Berger/AFP/Getty Images)

A judge on Monday dismissed the federal government's claim that U.S. law trumps two California laws limiting local police cooperation with immigration enforcement and requiring inspections of detention facilities in the state.

The ruling by U.S. District Judge John Mendez follows his decision last week that California was within its rights to pass two of the three laws.

He ruled Monday that the federal government could proceed with its attempt to stop part of a third California law, which prohibits employers from allowing immigration officials on their property without warrants. Mendez issued a preliminary injunction against that provision of AB 450 last week, but he allowed part of the law that requires employers to notify workers if their citizenship is being audited by immigration officials.

Mendez rejected the U.S. government's argument on the two other laws -- SB 54 and AB 103 -- that the U.S. Constitution gives the federal government pre-eminent power to regulate immigration.

The Trump administration argued that California is obstructing immigration enforcement efforts.

Sponsored

SB 54, known unofficially as the "sanctuary state law," limits local law enforcement cooperation with immigration officials. AB 103 requires the state attorney general to review and report on facilities where immigrants are detained.

The ruling by Mendez, who was nominated to the federal bench by Republican President George W. Bush, has deflated much of Trump administration's lawsuit filed in March. The U.S. Department of Justice has not indicated whether it will appeal.

California Attorney General Xavier Becerra, in a statement, called the decision "a victory for our State's ability to safeguard the privacy, safety, and constitutional rights of all of our people. Though the Trump Administration may continue to attack a state like California and its ability to make its own laws, we will continue to protect our constitutional authority to protect our residents and the rule of law."

U.S. Department of Justice spokesman Devin O'Malley did not immediately respond to telephone and email requests for comment after normal East Coast business hours.

The lawsuit announced in Sacramento by U.S. Attorney General Jeff Sessions is part of the Trump administration's efforts to crack down on so-called sanctuary jurisdictions that he said allow criminals to remain free. California has fought back in court on many of the administration's plans.

California's law limiting the sharing of information with federal agents "does not directly conflict" with U.S. law, Mendez wrote in a seven-page decision.

As for the law requiring inspections of detention facilities where immigrants are held, "the Court does not find any indication in the cited federal statutes that Congress intended for States to have no oversight over detention facilities operating within their borders," Mendez wrote. The law "does not give California a role in determining whether an immigrant should be detained or removed from the country, nor does it place any substantive requirements or burdens on these detention facilities apart from providing access."

This post contains reporting from the Associated Press.

lower waypoint
next waypoint