California contests Trump administration claim that the state obstructs immigration law

SACRAMENTO — Gov. Gavin Newsom’s office sent a letter on Friday requesting that the Trump administration remove California from its list of sanctuary jurisdictions that obstruct the enforcement of federal immigration law.

The Department of Homeland Security issued the list this week in accordance with an executive order President Trump signed in April that directs federal agencies to identify funding to sanctuary cities, counties and states that could be suspended or terminated.

In the letter, Newsom’s office contended that federal court rulings have rejected the argument that California law limiting law enforcement coordination with immigration authorities “unlawfully obstructs the enforcement of federal immigration laws.”

“This list is another gimmick — even the Trump Administration has admitted California law doesn’t block the federal government from doing its job,” Newsom said in a statement. “Most immigrants are hardworking taxpayers and part of American families. When they feel safe reporting crimes, we’re all safer.”

California is among more than a half-dozen states that were included on the list for self-identifying as sanctuaries for undocumented immigrants. Forty-eight California counties and dozens of cities, including Los Angeles, Long Beach, San Diego and San Francisco, were also on the Trump administration’s list of more than 500 total jurisdictions nationwide.

The state strengthened its sanctuary policies under a law signed by former Gov. Jerry Brown that took effect 2018 after Trump won office the first time. Then, state officials tried to strike a balance between preventing local law enforcement resources from being used to round up otherwise law-abiding immigrants without obstructing the ability of the federal government to enforce its laws within the state.

Local police, for example, cannot arrest someone on a deportation order alone or hold someone for extra time to transfer to immigration authorities. But state law does permit local governments to cooperate with U.S. Immigration and Customs Enforcement to transfer people to federal custody if they have been convicted of a felony or certain misdemeanors within a given time frame. The limitations do not apply to state prison officials, who can coordinate with federal authorities.

The law has been a thorn in the side of the Trump administration’s campaign to ramp up deportations, which the president has cast as an effort to rid the country of criminals despite also targeting immigrants with no prior convictions.

In a release announcing the list, DHS Secretary Kristi Noem said politicians in sanctuary communities are “endangering Americans and our law enforcement in order to protect violent criminal illegal aliens.”

“We are exposing these sanctuary politicians who harbor criminal illegal aliens and defy federal law,” Noem said. “President Trump and I will always put the safety of the American people first. Sanctuary politicians are on notice: comply with federal law.”

The Trump administration’s assertion that California’s sanctuary policies protect criminals from deportation appears to irk Newsom, who has repeatedly denied the allegation. Trump’s threat to withhold federal dollars could also pose a challenge for a governor proposing billions in cuts to state programs to offset a state budget deficit for the year ahead.

Homeland Security said jurisdictions will receive a formal notice of non-compliance with federal law and demand that cities, counties and states immediately revise their policies.