United States of America v. State of California et al

Filing 75

DECLARATION of Joe Dominic in opposition to 2 Motion for Preliminary Injunction. (Attachments: # 1 Declaration of Chris Caligiuri, # 2 Declaration of Arif Alikhan, # 3 Declaration of Jim Hart, # 4 Declaration of Jeffrey Rosen, # 5 Declaration of Diana Carbajal, # 6 Declaration of Holly Cooper, # 7 Declaration of Tom Wong)(Sherman, Lee)

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XevmR BgcBRRA
Attorney General of California
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Senior Assistant Attorney General

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Supervising Deputy Attorneys General
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Deputy Attorneys General
State Bar No.272271
300 S. Spring Street
Los Angeles, CA 90013
Telephone : [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys þr Defendants

IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THE UNITED STATES OF AMERICA,

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8-cv-00490-JAM-KJN

Ptaintiff,

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Case No.

v.

THE STATE OF CALIFORNIA; EDMUND
GERALD BRO\ryN JR., Governor of
California, in his official capacity; and
XAVIER BECERRA, Attorney General of
Californiao in his official capacity,

DECLARATION OF JEFFREY F.
ROSEN IN SUPPORT OF
DEFENDANTS' OPPOSITION TO
PLAINTIFF'S MOTION FOR
PRELIMINARY INJUNCTION

Judge: Honorable John A. Mendez
Action Filed: March 6,2018

Defendants.

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Decl. of Jeffrey F. Rosen in Supp. of Defs.' Opp'n to Pl.'s Mot. for Prelim. Inj
(I8

-cv-00490-JAM-KJ|{)

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I, JEFFREY F. ROSEN, declare and state as follows:

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I am the elected District Attorney of

Santa Clara County. I have worked as a

prosecutor for 22 years and was elected District Attorney in 2010.

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I submit this Declaration in support of the State of California's opposition to the

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United States' motion for preliminary injunction. I have personal knowledge of the facts stated

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herein and,

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3.

if called

as a witness,

I could testifu to thern competently under oath.

As District Attorney, my duty under California law is to oversee the prosecution

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all state and local crimes within Santa Clara County. My office prosecutes cases involving

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range of criminal activity, including but not limited to fraud, elder abuse, homicide, burglary,

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robbery, domestic violence, human trafficking, drug trafficking,rape, child molestation, gang

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violence, and high{ech crime.

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4.

a

wide

I understand that in enacting the "California Values Act," (SB 54),the Legislature

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found that "[a] relationship of trust between California's immigrant community and state and

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local agencies is central to the public safety of the people of California" and that "[t]his trust is

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threatened when state and local agencies are entangled with federal immigration enforcement,

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with the result that immigrant community members fear approaching police when they are

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victims of, and witnesses to, crimes, seeking basic health services, or attending school, to the

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detriment of public safety and the well-being of all Californians." These findings are fully

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consistent with my experience as a District Attorney and prosecutor.

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5.

The District Attorney's Office did not enforce federal immigration law before SB

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54 and does not do so now. Nor does the District Attorney's Office ask about or track

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information on immigration status when it investigates and prosecutes state and local crimes. SB

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54 did not alter these practices either.

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6.

The mission of the District Attorney's Office is to investigate and prosecute cases

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in pursuit ofjustice on behalf of the People of the State of California. This pursuit is improved

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when people do not fear that their participation in a criminal prosecution

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deportation or other adverse immigration consequences.

will give rise to

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Decl. of Jeffrey F. Rosen in Supp. of Defs.' Opp'n to Pl.'s Mot. for Prelim. Inj
(I

8-cv-00490-JAM-KJN)

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Immigrants make up close to 40o/o of the population of Santa Clara County, and

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are a vital part of the community that my offrce serves. When immigrants, especially those who

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are undocumented, fear interaction with law enforcement or government officials, they often

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to report crimes, and are too frightened to show up and testiÛr against those who victimize them.

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As part of my office's core missioû, ffiy attorneys work hard to cultivate strong relationships with

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immigrant communities in the County. For example, we conduct outreach to community and

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church groups, and through media campaigns, to send the message that we will prosecute crimes

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and protect victims regardless of whether the victim or any witness is undocumented. We also

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conduct outreach explaining that we do not collect or share information on immigration status.

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I know from firsthand experience that recent federal immigration enforcement

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actions have triggered fear of law enforcement and government among many members of the

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County's immigrant communities. Fear of deportation by victims, witnesses, and families and

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friends of undocumented victims and witnesses has a toxic effect on our ability to detect and

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prosecute crime, thereby making the entire community less safe. It also has ripple effects on

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entire communities and families. This is because families and communities are often made up

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members with various immigration statuses, and families and communities may fear reporting

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crimes or serving as witnesses due to fear that an undocumented member may be deported. As

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one example, this fear often arises in domestic violence cases, where abusers may wield

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deportation as a threat to keep victims from reporting the abuse, or where victims may not want to

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report abuse out of fear that the abuser (who is a co-parent andlor wage-earner) will be deported.

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Undocumented individuals can also report and help with the prosecution of crimes

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committed by those with lawful status. My office has been assisted in the past by undocumented

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individuals serving as key witnesses under these circumstances.

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I declare under penalty of perjury under the laws of the United States that the foregoing is

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true and correct and that this Declaration was executed

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California.

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o,//-,/

. 2018

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Decl. of Jeffrey F. Rosen in Supp. of Defs.' Opp'n to Pl.'s Mot. for Prelim. Inj
( I 8-cv-00490-JAM-KJN)

in

San J osé,