Local officials face legal jeopardy over immigration policies
Nov 26, 2024
SAN DIEGO (FOX 5/KUSI) -- As the incoming Trump administration promises an aggressive crackdown on immigration, questions are being raised about the role local police agencies might play in enforcing federal border policies.
El Cajon Mayor Bill Wells said he is willing to cooperate with federal immigration authorities, but that a California state law puts his officers in legal jeopardy.
“I want to make it clear right now that El Cajon is not a sanctuary city, and we will do everything we can to work with the federal government to help ease this immigration problem, help solve this problem,” Wells said.
California Senate Bill 54, passed in 2017, restricts local law enforcement from assisting federal immigration enforcement efforts. Wells is concerned because that law conflicts with federal orders.
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“It basically said that municipalities can’t work with the federal government in helping with any kind of immigration enforcement,” Wells said. “The Trump administration coming in, specifically Tom Homan, is saying we must comply, and that in his opinion — which I happen to agree with — federal law supersedes state law.”
Tom Homan, the president-elect’s pick to oversee immigration policy, has taken a hard stance against state and local officials who oppose Trump’s immigration policies. Speaking to law enforcement officers in Texas, Homan warned that there would be consequences.
“It’s a shame we have other governors and other mayors who, right out of the gate, are saying they are going to push back on President Trump and what we’re trying to do,” Homan said. “Don’t cross that line. It’s a felony to knowingly harbor or conceal an illegal alien from immigration authorities. Don’t test us.”
Some officials, such as Denver Mayor Michael Hancock, have openly opposed Trump’s immigration crackdown. Hancock recently said he’d be willing to face jail time in protest. Homan responded by saying he’d put him in jail.
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For Wells, the stakes are high. He says California law threatens harsh consequences for local officers who comply with federal immigration authorities.
“State of California law says that if a police officer does his duty that we’re asking him to do by complying with the federal government, that police officer can be charged with a felony and lose his pension,” Wells said. “We need a lot of clarification; we need some unity on this.”
Renata Castro, an immigration attorney and founder of the law firm USA4ALL, said the battle underscores the limits of federal power in forcing local compliance.
“Only the federal government has the power to detain individuals for immigration violations,” attorney Castro said. She also said that funding for police officers is overwhelmingly the responsibility of the state, and the state, therefore, has the power to decide how to use that resource.
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Castro said it would be difficult to challenge this system.
“We would need a major overhaul of the American legal and constitutional rights, and of due process, in order to change this,” she said. “Even though Trump has a very aggressive agenda, I don’t think he’s going to be able to do that in the next four years.”
Both Wells and Castro believe the issue will ultimately be decided by the U.S. Supreme Court.