United States of America v. State of California et al

Filing 173

REQUEST for JUDICIAL NOTICE by United States of America. (Attachments: # 1 Proposed Order, # 2 Exhibit Article, "We Will Prosecute", # 3 Exhibit AB 450 FAQs, # 4 Exhibit Article, "California Becomes Sanctuary State", # 5 Exhibit Press Release, Assemblymember David Chiu, # 6 Exhibit Press Release, Cal. Dep't of Justice)(Genova, Francesca) Modified on 6/11/2018 (Donati, J).

California becomes 'sanctuary state' in rebuke of Trump immigration policy
latimes.com/politics/la-pol-ca-brown-california-sanctuary-state-bill-20171005-story.html

Politics
By Jazmine Ulloa
Oct 05 2017 1 45 PM
Sacramento
Brown said Senate Bill 54 would allow law enforcement to continue targeting dangerous criminals (Oct 5 2017) (Sign up for our free video newsletter
here http //bit ly/2n6VKPR)
Under threat of possible retaliation by the Trump administration Gov Jerry Brown signed landmark "sanctuary state" legislation Thursday vastly limiting who
state and local law enforcement agencies can hold question and transfer at the request of federal immigration authorities
Senate Bill 54 which takes effect in January has been blasted as "unconscionable" by U S Atty Gen Jeff Sessions becoming the focus of a national debate
over how far states and cities can go to prevent their officers from enforcing federal immigration laws Supporters have hailed it as part of a broader effort by
majority Democrats in the California Legislature to shield more than 2 3 million immigrants living illegally in the state
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Brown took the unusual step of writing a signing message in support of SB 54 He called the legislation a balanced measure that would allow police and sheriff's
agencies to continue targeting dangerous criminals while protecting hardworking families without legal residency in the country
" n enshrining these new protections it is important to note what the bill does not do " Brown wrote "This bill does not prevent or prohibit mmigration and
Customs Enforcement or the Department of Homeland Security from doing their own work in any way "
Legal experts have said federal officials may try to block the law in court to keep it from being implemented Some doubt such challenges would be successful
pointing to the 10th Amendment and previous rulings in which courts have found the federal government can't compel local authorities to enforce federal laws
On Thursday Department of Justice spokesman Devin O'Malley declined to comment on the agency's next move Asked whether the administration would
attempt to block the state law White House Press Secretary Sarah Huckabee Sanders said that federal officials "are spending every day we can trying to find
the best way forward "
"The president will be laying out his responsible immigration plan over the next week " she said "And hope that California will push back on their governor's
think irresponsible decision moving forward "
Trump's immigration chief blasted the sanctuary state law Friday saying it would keep federal officers from performing their jobs and result in more arrests
n a statement Thomas Homan acting director of U S mmigration and Enforcement said his agency "would have no choice but to conduct at large arrests in
local neighborhoods and at worksites "
Brown's decision comes as local and state governments are locked in legal battles with Sessions over his move to slash federal grant funding from "sanctuary
jurisdictions " where city and county agencies are limited when working with federal immigration officials A Chicago federal judge largely blocked Sessions'
effort just hours before SB 54 cleared the Legislature on Sept 16
Other federal officials also have sounded off against SB 54 suggesting illegal immigration is tied to increases in violent crime
Throughout his campaign and in his tenure as president Trump has tried to make the same connection showcasing the relatives of people killed by immigrants
in the country illegally One of his earliest executive orders put cities and counties on alert that they would lose federal funding if law enforcement did not
cooperate with immigration agents
The move has struck a bitter chord in California home to at least 35 cities that have embraced the "sanctuary" label and where Brown and Democratic
lawmakers have passed legislation to extend financial aid healthcare and driver's licenses to thousands of immigrants here illegally Other bills signed by Brown
on Thursday would prevent some cities and counties from adding beds to immigrant detention centers and would extend protections for immigrant workers and
tenants
n some places the "sanctuary city" name is largely a symbolic message of political support for immigrants without legal residency But other cities most notably
San Francisco and most recently Los Angeles have cut ties with federal immigration officials and sought to build up social services for families including city
funded legal aid
The bill's author Senate President Pro Tem Kevin de León (D Los Angeles) has countered that the state law is defensible in court and will send a strong
message against new federal policies that he argues have pushed some families further into the shadows Research has shown sanctuary cities have lower
crime rates and that immigrants generally commit fewer crimes than U S citizens
De León joined Assemblyman Miguel Santiago (D Los Angeles) and immigrant rights advocates at a news conference in Los Angeles on Thursday saying the
new law would put a kink in Trump's "perverse and inhumane deportation machine "
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"California is building a wall of justice against President Trump's xenophobic racist and ignorant immigration policies " he said to chants of "S se pudo " or
"Yes we could" from the crowd

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Assembly Speaker Anthony Rendon (D Paramount) center and Democratic lawmakers discuss proposed measures to protect immigrants during a December
2016 news conference in Sacramento (Rich Pedroncelli / Associated Press)
The final language of the new law was the result of months of tough negotiations between Brown De León and law enforcement officials t was the centerpiece
of this year's legislative proposals in Sacramento that sought to challenge Trump's stance on illegal immigration and provide protections for families amid his
threats of mass deportations
The new law will largely prohibit state and local law enforcement agencies from using either personnel or funds to hold question or share information about
people with federal immigration agents unless those individuals have been convicted of one or more offenses from a list of 800 crimes outlined in a 2013 state
law
Federal immigration authorities will still be able to work with state corrections officials
a key concession Brown had demanded
and will be able to enter
county jails to question immigrants But the state attorney general's office will be required to publish guidelines and training recommendations to limit
immigration agents' access to personal information And all law enforcement agencies will have to produce annual reports on their participation in task forces
that involve federal agencies as well as on the people they transfer to immigration authorities
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The new law doesn't specify what happens if local law enforcement agencies don't comply with the new rules But the attorney general has broad authority
under the state Constitution to prosecute police and sheriff's agencies that don't comply
n a statement released Thursday Becerra applauded the enactment of the SB 54 saying he stood "ready to fully defend the law "
For many officers across the state the expanded restrictions won't change much Some police and sheriff's agencies already have developed similar boundaries
against working with immigration agents either through their own policies or under local "sanctuary city" rules
For other officers though the legislation would set new guidelines and has long divided police chiefs and sheriffs The California Police Chiefs Assn moved its
official position from opposed to neutral after final changes to the bill last month but the California Sheriffs Assn remained opposed
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Los Angeles Police Chief Charlie Beck supported the bill joining others who said entangling police and federal immigration forces can have a negative effect on
public safety because crime victims and witnesses without legal status may refuse to come forward to authorities out of fear of deportation L A County Sheriff
Jim McDonnell was a vocal opponent Even so he said the final version of the bill though not perfect "reflects much of what the LASD implemented years ago
and the work is well underway "

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mmigrant rights advocates said its passage would help keep thousands of families together Angela Chan policy director at the Advancing Justice Asian Law
Caucus said it will "improve protections for immigrants in most counties in California "
"This victory is the result of community organizing and directly impacted immigrants sharing their stories about being turned over to CE at the hands of local law
enforcement " she said "And we look forward to working to pass stronger protections for immigrants throughout California in the years to come "
Times staff writers Christine Mai Duc and Noah Bierman contributed to this report
[e-mail]
@jazmineulloa
ALSO:
California lawmakers passed the 'sanctuary state' bill. What happens if Gov. Jerry Brown signs it?
California lawmakers approve landmark 'sanctuary state' bill to expand protections for immigrants
How California's Trust Act shaped the debate on the new 'sanctuary state' proposal
Updates on California politics
UPDATES:
Oct. 6, 1:45 p.m.: This article was updated with comments from Trump's top immigration chief
1:40 p.m.: This article was updated with additional comments from federal officials and details from a news conference held by Senate leader Kevin de León
This story was originally published at 11 a m Oct 5

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