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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I 2 a J 4 5 6 l 8 9 10 tl XevmR BgcBRRA Attorney General of California THovrRs PRrreRsoN Senior Assistant Attorney General Mrcne¡r NpwveN SerossrYeNer Supervising Deputy Attorneys General Cuzusrwp CHueNc ANrHo¡rv Hnrr CssRorrs DM MErroN LEs I. Suenu¡^N 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 t2 FOR THE EASTERN DISTRICT OF CALIFORNIA 13 l4 15 l6 THE UNITED STATES OF AMERICA, l9 20 2T 22 2 :1 8-cv-00490-JAM-KJN Ptaintiff, t7 18 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. 23 24 25 26 27 28 Decl. of Jeffrey F. Rosen in Supp. of Defs.' Opp'n to Pl.'s Mot. for Prelim. Inj (I8 -cv-00490-JAM-KJ|{) 1 2 J 4 I, JEFFREY F. ROSEN, declare and state as follows: 1. 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. 2. I submit this Declaration in support of the State of California's opposition to the 5 United States' motion for preliminary injunction. I have personal knowledge of the facts stated 6 herein and, 7 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 8 all state and local crimes within Santa Clara County. My office prosecutes cases involving 9 range of criminal activity, including but not limited to fraud, elder abuse, homicide, burglary, 10 robbery, domestic violence, human trafficking, drug trafficking,rape, child molestation, gang 1l of violence, and high{ech crime. t2 4. a wide I understand that in enacting the "California Values Act," (SB 54),the Legislature 13 found that "[a] relationship of trust between California's immigrant community and state and t4 local agencies is central to the public safety of the people of California" and that "[t]his trust is 15 threatened when state and local agencies are entangled with federal immigration enforcement, t6 with the result that immigrant community members fear approaching police when they are t7 victims of, and witnesses to, crimes, seeking basic health services, or attending school, to the 18 detriment of public safety and the well-being of all Californians." These findings are fully l9 consistent with my experience as a District Attorney and prosecutor. 20 5. The District Attorney's Office did not enforce federal immigration law before SB 2t 54 and does not do so now. Nor does the District Attorney's Office ask about or track 22 information on immigration status when it investigates and prosecutes state and local crimes. SB 23 54 did not alter these practices either. 24 6. The mission of the District Attorney's Office is to investigate and prosecute cases 25 in pursuit ofjustice on behalf of the People of the State of California. This pursuit is improved 26 when people do not fear that their participation in a criminal prosecution 27 deportation or other adverse immigration consequences. will give rise to 28 1 Decl. of Jeffrey F. Rosen in Supp. of Defs.' Opp'n to Pl.'s Mot. for Prelim. Inj (I 8-cv-00490-JAM-KJN) 1 7. Immigrants make up close to 40o/o of the population of Santa Clara County, and 2 are a vital part of the community that my offrce serves. When immigrants, especially those who J are undocumented, fear interaction with law enforcement or government officials, they often 4 to report crimes, and are too frightened to show up and testiÛr against those who victimize them. 5 As part of my office's core missioû, ffiy attorneys work hard to cultivate strong relationships with 6 immigrant communities in the County. For example, we conduct outreach to community and 7 church groups, and through media campaigns, to send the message that we will prosecute crimes 8 and protect victims regardless of whether the victim or any witness is undocumented. We also 9 conduct outreach explaining that we do not collect or share information on immigration status. 10 8. fail I know from firsthand experience that recent federal immigration enforcement 11 actions have triggered fear of law enforcement and government among many members of the t2 County's immigrant communities. Fear of deportation by victims, witnesses, and families and t3 friends of undocumented victims and witnesses has a toxic effect on our ability to detect and t4 prosecute crime, thereby making the entire community less safe. It also has ripple effects on 15 entire communities and families. This is because families and communities are often made up l6 members with various immigration statuses, and families and communities may fear reporting T7 crimes or serving as witnesses due to fear that an undocumented member may be deported. As l8 one example, this fear often arises in domestic violence cases, where abusers may wield t9 deportation as a threat to keep victims from reporting the abuse, or where victims may not want to 20 report abuse out of fear that the abuser (who is a co-parent andlor wage-earner) will be deported. 2l 9. of Undocumented individuals can also report and help with the prosecution of crimes 22 committed by those with lawful status. My office has been assisted in the past by undocumented 23 individuals serving as key witnesses under these circumstances. 24 I declare under penalty of perjury under the laws of the United States that the foregoing is 25 true and correct and that this Declaration was executed 26 California. 5 o,//-,/ . 2018 71 reÉ'F(ey L nosnN 27 28 on {lo / 2 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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