United States of America v. State of California et al

Filing 123

MOTION for LEAVE to FILE AMICI CURIAE BRIEF of The District of Columbia (and associated parties). Attorney Morosco, Taylor Cross added. (Attachments: # 1 Proposed Brief of Amici Curiae)(Morosco, Taylor) Modified on 5/21/2018 (Benson, A.).

1
2
3
4
5
6
7
8
9
10
11
12

KARL A. RACINE
Attorney General for the
District of Columbia
LOREN L. ALIKHAN
Solicitor General
ROBYN M. BENDER
Deputy Attorney General
VALERIE M. NANNERY
TAYLOR MOROSCO (STATE BAR NO. 316401)
Assistant Attorneys General
Office of the Attorney General
for the District of Columbia
441 4th Street, NW, Suite 630 South
Washington, D.C. 20001
Telephone: [phone]
Facsimile: 202-741-0499
Email: [e-mail]
Attorneys for Amici Curiae
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

13
14
15

THE UNITED STATES OF AMERICA,

16

Plaintiff, CONSENT MOTION OF THE DISTRICT
OF COLUMBIA AND THE STATES OF
v.
CONNECTICUT, DELAWARE,
HAWAII, ILLINOIS, NEW JERSEY,
NEW MEXICO, OREGON AND
THE STATE OF CALIFORNIA; EDMUND WASHINGTON FOR LEAVE TO FILE
GERALD BROWN JR., Governor of
BRIEF AS AMICI CURIAE IN SUPPORT
California, in his Official Capacity; and
OF DEFENDANTS’ OPPOSITION TO
XAVIER BECERRA, Attorney General of
PLAINTIFF’S MOTION FOR A
California, in his Official Capacity,
PRELIMINARY INJUNCTION

17
18
19
20
21
22
23
24

2:18-cv-490-JAM-KJN

Defendants. Date:
Time:
Courtroom:
Judge:
Action Filed:

June 20, 2018
10:00 a.m.
6
The Honorable John A. Mendez
March 6, 2018

25
26
27
28
Motion of the District of Columbia, et al., for Leave to File Brief as Amici Curiae in Support of Defendants

1

Pursuant to this Court’s March 29, 2018 Order Regarding Schedule for Filing Amici Curiae

2

Briefs in Support of Defendants’ Opposition to Motion for Preliminary Injunction, inter alia, and

3

the Court’s Minute Order on March 27, 2018, the District of Columbia and the States of

4

Connecticut, Delaware, Hawaii, Illinois, New Jersey, New Mexico, Oregon, and Washington

5

respectfully move for leave to file a brief as amici curiae in support of Defendants’ opposition to

6

Plaintiff’s motion for a preliminary injunction. The parties consent to this motion.

7

IDENTITY AND INTEREST OF AMICI CURIAE

8

Amici are the District of Columbia and the States of Connecticut, Delaware, Hawaii, Illinois,

9

New Jersey, New Mexico, Oregon, and Washington (collectively, “the Amici States”). The Amici

10

States have a substantial interest in maintaining their sovereign authority to determine how best to

11

ensure the safety and well-being of their residents, prevent crime, and allocate limited state

12

resources. The Amici States are concerned by the federal government’s lawsuit against the State of

13

California, which is based on an interpretation of federal immigration law that would impermissibly

14

intrude on the sovereign authority of states to regulate law enforcement, enhance public safety, and

15

allocate their limited resources. This suit is only the latest in a series of threats by the federal

16

government against states and political subdivisions that do not wish to devote state and local

17

resources to federal civil immigration enforcement. Like the State of California, the Amici States

18

and their political subdivisions face the threat of loss of federal funding and “enforcement action”

19

if they do not accede to the federal government’s demands that they allow their personnel and

20

resources to be used to assist federal civil immigration enforcement on the federal government’s

21

terms, and in the manner dictated by the federal government. Accordingly, the Amici States have a

22

strong interest in the outcome of this litigation.

23

PROPOSED AMICI BRIEF’S RELEVANCE AND AID TO THE COURT

24

The signatory Attorneys General are the chief law officers of their respective States and bring

25

a wealth of experience about how to promote public safety in their communities. The Amici States’

26

proposed brief draws upon that experience by discussing how and why some jurisdictions, in their

27

expert judgment, have concluded that focusing local law enforcement agencies on crime prevention

28

rather than the enforcement of federal civil immigration law makes their communities safer for all.
Motion of the District of Columbia, et al., for Leave to File Brief as Amici Curiae in Support of Defendants

1

1

The proposed brief will explain why laws that limit the participation of state law enforcement

2

agencies in federal civil immigration enforcement, like the California Values Act, are important

3

and sound policies within the police power of the states. The proposed brief will also further

4

highlight the constitutional concerns raised by the federal government’s effort to supersede state

5

laws and compel the states to participate in federal civil immigration enforcement. It will thus

6

further demonstrate why the federal government is unlikely to succeed on the merits of its claim.

7
8

The Amici States respectfully submit that this brief will aid the Court in resolution of the issues
presented in Defendants’ Opposition to Plaintiff’s Motion for a Preliminary Injunction.

9

CONCLUSION

10

For the foregoing reasons, the Amici States respectfully request that their motion be granted

11
12
13
14
15
16
17
18
19
20

and their brief, a copy of which is attached to this Motion as Exhibit 1, be filed.
Dated: May 18, 2018

Respectfully Submitted,
KARL A. RACINE
Attorney General for the
District of Columbia
LOREN L. ALIKHAN
Solicitor General
ROBYN M. BENDER
Deputy Attorney General
/s/ Taylor Morosco
k
TAYLOR MOROSCO
VALERIE M. NANNERY
Assistant Attorneys General
Attorneys for the District of Columbia

21
22
23
24
25
26
27
28
Motion of the District of Columbia, et al., for Leave to File Brief as Amici Curiae in Support of Defendants

2

1
2
3

GEORGE JEPSEN
Attorney General
State of Connecticut
55 Elm Street
Hartford, CT 06106

MATTHEW P. DENN
Attorney General
State of Delaware
Department of Justice
Carvel State Building, 6th Floor
820 North French Street
Wilmington, DE 19801

RUSSELL A. SUZUKI
Attorney General
State of Hawaii
425 Queen Street
Honolulu, HI 96813

LISA MADIGAN
Attorney General
State of Illinois
100 W. Randolph St.
Chicago, IL 60601

GURBIR S. GREWAL
Attorney General
State of New Jersey
RJ Hughes Justice Complex
25 Market Street, Box 080
Trenton, NJ 08625-0080

HECTOR BALDERAS
Attorney General
State of New Mexico
408 Galisteo St.
Santa Fe, NM 87501

ELLEN F. ROSENBLUM
Attorney General
State of Oregon
1162 Court Street NE
Salem, OR 97301

ROBERT W. FERGUSON
Attorney General
State of Washington
P.O. Box 40100
Olympia, WA 98504-0100

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Motion of the District of Columbia, et al., for Leave to File Brief as Amici Curiae in Support of Defendants

3

1
2
3
4
5
6
7
8
9
10

CERTIFICATE OF SERVICE
I hereby certify that on May 18, 2018, I electronically filed the following document with
the Clerk of Court using CM/ECF:
Motion of The District of Columbia, and the States of Connecticut, Delaware,
Hawaii, Illinois, New Jersey, New Mexico, Oregon, and Washington for Leave
to File Brief as Amici Curiae in Support of Defendants’ Opposition to
Plaintiff’s Motion for Preliminary Injunction
I certify that all participants in the case are registered CM/ECF users and that service will
be accomplished by the CM/ECF system.
/s/ Taylor Morosco
TAYLOR MOROSCO

k

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Motion of the District of Columbia, et al., for Leave to File Brief as Amici Curiae in Support of Defendants