On Tuesday, the U.S. Justice Department said it is suing the state of California over its sanctuary state policies, targeting three state laws it argues interfere with federal immigration enforcement. The federal government claims the laws, “reflect a deliberate effort by California to obstruct the United States’ enforcement of federal immigration law.”
The following are the three California laws the lawsuit addresses:
- SB 54 – Police are prohibited from giving federal authorities information regarding the release date of undocumented immigrants in custody and bans the transfer of those criminal immigrants to federal custody. Additionally, law enforcement is restricted from handing them over to federal authorities.
- AB 103 – The state will review dentention processes and apprehension qualifications used by federal authorities against immigrants.
- AB 450 – Private employers are not allowed to cooperate with federal immigration officials and must notify workers in advance of a potential work site enforcement inspection.
According to the U.S. Constitution's "Supremacy Clause", state laws cannot interfere with federal laws. However, California enacted these laws to ensure federal authorities follow proper forms of due process when apprehending undocumented immigration.
For more information, contact our Santa Barbara immigration attorney at Appel & Morse today.