Pres. Trump's Exec. Order (See Full Text) Re Enforcing Fed'l Immigration Law Puts CA and Long Beach On Collision Course With Fed'l Dollars
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(Jan. 26, 2017) -- California and the City of Long Beach are currently on a collision course with the federal government under President Trump. This is legally uncharted territory. No one knows for sure what effects the words below will have...but it's clear that the previous status quo has changed.
On Jan. 25, 2017, President Trump signed an Executive Order -- full text here -- informing state and local government entities that take federal taxpayer dollars (including CA and the City of Long Beach) that they could lose those access to those dollars if they fail to comply with federal immigration laws.
Sec. 2. Policy. It is the policy of the executive branch to:
...(c) Ensure that jurisdictions that fail to comply with applicable Federal law do not receive Federal funds, except as mandated by law...
Sec. 8. Federal-State Agreements. It is the policy of the executive branch to empower State and local law enforcement agencies across the country to perform the functions of an immigration officer in the interior of the United States to the maximum extent permitted by law...
Sec. 9. Sanctuary Jurisdictions. It is the policy of the executive branch to ensure, to the fullest extent of the law, that a State, or a political subdivision of a State, shall comply with 8 U.S.C. 1373...
[Scroll down for further.]
What's 8 U.S.C. 1373? It's a federal law (passed by Congress) that states in pertinent part:
(a) In general
Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual.
(b) Additional authority of government entities Notwithstanding any other provision of Federal, State, or local law, no person or agency may prohibit, or in any way restrict, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual:
(1) Sending such information to, or requesting or receiving such information from, the Immigration and Naturalization Service.
(2) Maintaining such information.
(3) Exchanging such information with any other Federal, State, or local government entity...
In 2013, California's legislature enacted the TRUST Act (AB 4) which took effect on Jan. 1, 2014. It prohibits law enforcement officials from detaining an individual on the basis of a United States Immigration and Customs Enforcement hold after that individual becomes eligible for release from custody, unless certain conditions are met, including among other things that the individual has been convicted of specified crimes.
On Jan. 25, the Long Beach Police Department released the following statement:
[LBPD statement per City of Long Beach] Enforcing immigration at the local level undermines the trust and cooperation with immigrant communities, which are essential elements of community oriented policing. Long Beach follows the California TRUST Act, and our current practice is not to hold individuals on immigration violations alone. The Long Beach Police Department supports measures to either continue incarceration or to deport violent and serious offenders who pose a threat to our community. We evaluate our policies and procedures as any new legislation is enacted, but it would be premature to speculate on any changes, at this time.
Policies of the City of Long Beach are the responsibility of, and determined by, a majority of the LB City Council. City management departments (including LBPD through its Chief of Police) carry out Council-directed policies. Under LB's City Charter, LB's Mayor can recommend and suggest (or "tweet" his views) but has no independent executive authority to make policy.
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On Jan. 25, L.A. County Sheriff Jim McDonnell issued the following statement:
[Sheriff McDonnell Jan. 25 statement] The executive order does not change the mission of the Los Angeles County Sheriff’s Department. Our priority continues to be protecting our public. We accomplish this by gaining the trust of our communities and following the California Trust Act of 2014 and the Truth Act of 2016. Our department policy clearly states that our deputies do not ask for one’s immigration status. Immigration enforcement remains a federal responsibility.
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On Jan. 25, 2017, newly installed CA Attorney General Xavier Becerra issued the following statement
[CA Att'y Gen'l Becerra statement] It is important to put these White House executive actions in context.
Executive orders do not change existing law. Executive orders cannot contradict existing law. And Executive orders can be challenged for violating constitutional and legal standards in their enforcement.
The California Department of Justice (DOJ) is prepared to protect the public safety and general welfare of all Californians as well as their privacy and property rights. These are rights and protections which have survived numerous legal challenges over time. And they are grounded on our federal and state constitutions not on an executive pronouncement.
The California DOJ will protect the rights of all of its people from unwarranted intrusion from any source, including the federal government. In California, we want to foster trust between law enforcement authorities and the communities they are obliged to protect. That's why California enacted the TRUST and TRUTH acts to guide our men and women in uniform on the proper execution of their public safety duties.
California is prepared to work with our federal government to enhance the safety and well-being of all our people. We will work with our sister states to achieve mutual goals of respect and cooperation with the federal government. And we will remain ready to advance and defend California's policies wherever and whenever necessary.
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What happens next will likely be triggered by actions of the U.S. Department Justice, the U.S. Department of Homeland Security, or both. The two agencies are headed by appointees of President Trump under powers granted by Congress.
