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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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 : (213) 269-6404
Fax: (213) 897-7605
E-mail: Lee.Sherman@doj.ca.gov
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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of
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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. 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,
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