Gov. Gavin Newsom‘s office responded Tuesday, Aug. 19, to a letter issued by the U.S. Department of Justice earlier this month, which demanded that state and local jurisdictions with “sanctuary” laws identify steps they would take to end policies the DOJ considers as impeding the enforcement of federal immigration laws.
In a letter to U.S. Attorney General Pam Bondi, an attorney from Newsom’s office said California’s law was previously upheld by a court, which found that “California has the right … to refrain from assisting with federal efforts” related to immigration enforcement.
The letter noted that the Trump administration lost the last time it sued California over this issue.
“It is now settled law in the United States Court of Appeals for the Ninth Circuit that California law limiting law enforcement coordination with federal immigration enforcement activities ‘does not directly conflict with any obligations that the (Immigration and Nationality Act) or other federal statutes impose on state or local governments,’” wrote David Sapp, legal affairs secretary for the governor’s office.
The letter went on to say that any DOJ attorney licensed in California who is involved in “threatening or initiating” criminal prosecution against California officials for upholding the state’s law without probable cause would be violating their ethical obligations under California’s Rules of Professional Conduct and may have an ethics complaint filed against them with the California State Bar.
Sapp asked Bondi to respond by Tuesday, Aug. 26, confirming that she has given guidance to her staff that “prosecuting or threatening prosecutions against state or local officials for complying with California law, or similar local policies, is improper.”
The Trump administration sued the city of Los Angeles in June, accusing it of violating federal law with its “sanctuary city” policies. The lawsuit claimed sanctuary laws are illegal and obstruct the federal government’s enforcement of federal law.
Last week, Bondi sent a letter to Newsom, L.A. Mayor Karen Bass and officials in a number of other states and cities and counties, instructing them to confirm their commitment to complying with federal law and identifying immediate actions the jurisdictions would take to end such policies “that impede federal immigration enforcement.”
“You are hereby notified that your jurisdiction has been identified as one that engages in sanctuary policies and practices that thwart federal immigration enforcement to the detriment of the interests of the United States. This ends now,” Bondi wrote.
L.A. Mayor Karen Bass‘ office did not immediately respond to a request for comment on Tuesday.
The Justice Department lists the state of California, along with San Diego County, San Francisco County and the cities of Berkeley, Los Angeles and San Francisco on its list of jurisdictions that have “policies, laws, or regulations that impede enforcement of federal immigration laws.”
An earlier list published by the Trump administration, which has since been removed, erroneously included places without sanctuary policies, including Huntington Beach in Orange County.
“While Los Angeles County has not formally declared itself a sanctuary jurisdiction, the County is proud of its long-standing commitment to human rights and to ensuring that all residents, regardless of immigration status, are treated with dignity and respect,” L.A. County said in a statement. “The County is committed to ensuring that County services and locations are accessible to everyone in our communities. The County has and will continue to comply with applicable federal law as we support our residents through policies that enhance public health and safety.
Staff writers Teresa Liu and Steve Scauzillo contributed to this report.