Justice Department plans to sue California in an effort to nullify three state laws it says interfere with federal immigration enforcement and violate the Constitution.
The department’s lawsuit singles out statutes restricting state and local law enforcement entities, as well as private employers, from sharing information about undocumented immigrants with federal agencies like Immigration and Customs Enforcement, according to information provided by the Justice Department before the court filing.
The lawsuit comes amid a politically charged environment in which President Donald Trump has attacked states and cities for so-called sanctuary policies toward undocumented immigrants and vilified -- or outright tried to prohibit -- certain foreigners seeking to come to the U. The Justice Department has also threatened to cut off funding to states and cities that don’t help enforce federal immigration laws.
The lawsuit is expected to be filed Tuesday in federal court in Sacramento.
Attorney General Jeff Sessions plans to discuss the lawsuit during a speech he is scheduled to give on Wednesday at a law enforcement conference in Sacramento.
"The Department of Justice and the Trump administration are going to fight these unjust, unfair and unconstitutional policies that have been imposed," Sessions wrote in his prepared remarks. "We are fighting to make your jobs safer and to help you reduce crime in America."
California has been at the forefront of litigation against the Trump administration and the Justice Department over immigration law, with a particular focus on using federal courts to protect the 2.6 million undocumented people living in the state. A federal judge ruled in favor of counties, including San Francisco, last year by prohibiting Sessions from withholding most federal funds to those jurisdictions with sanctuary policies.
Trump has also said he is considering pulling federal immigration enforcement agents out of California, which declared itself a sanctuary state.
“Frankly, it’s a disgrace, the sanctuary city situation,” Trump said at the White House last month. If the administration were to remove Immigration and Customs Enforcement officials from California, the state would be “begging” for them to come back, he said. “I’m thinking about doing it.”
In the new lawsuit, the Justice Department wants to nullify Assembly Bill 450, which prohibits private companies from voluntarily cooperating with federal immigration agencies; Senate Bill 54, which restricts state and local law enforcement officials from voluntarily giving federal agents information about criminal aliens who are subject to removal from the U.; and Assembly Bill 103, which authorizes state authorities to review and inspect federal detention facilities in California.
Constitutional Question
The department argues the state statutes are preempted by federal law and violate the Supremacy Clause of the Constitution, under which a state’s authority is subordinate to the federal government.
California became a sanctuary state last October, along with several of its cities and counties. Under laws signed by Governor Jerry Brown, a Democrat, federal immigration officials must produce a warrant to gain access to California work sites, and the state bars employers from sharing confidential employee information such as Social Security numbers without a subpoena. State and local law enforcement officials can’t use their resources to aid in federal immigration enforcement, but they also can’t stand in their way.
Immigration and Customs Enforcement agents have since targeted California with raids seeking to detain and deport undocumented immigrants. In late February, the agency announced it had apprehended more than 230 immigrants in a four-day operation across Northern California.
The department is reviewing statutes in other states, and any law that expressly violates federal immigration enforcement powers could be subject to a court challenge, the official said.
— With assistance by Kartikay Mehrotra.
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