12 Mar Federal Lawsuit filed against California Sanctuary Policies
By Atty. Crispin Caday Lozano
The Department of Justice filed a lawsuit against California challenging its sanctuary policies in Federal Court of the Eastern District. The case is likely to reach the Supreme Court of the United States as it involves the extent of Federal power against States rights States rights is one of the basis for the Fourteenth Amendment to the U.S. Constitution.
This lawsuit challenging several California laws filed Tuesday is the U.S. Justice Department’s latest salvo in the ongoing policy and legal battle regarding “sanctuary” policies.
The complaint, which names the State of California, California Governor Jerry Brown, and California Attorney General Xavier Becerra as defendants, claims that three California laws addressing the role of states, localities, and employers in federal immigration enforcement are unconstitutional.
The lawsuit, filed in the U.S. District Court for the Eastern District of California, challenges three state laws:
◾SB 54 prohibits state and local law enforcement agencies from using their resources to investigate, detain, report, or arrest people to help enforce federal immigration laws, protects immigrants’ personal data, and strengthens state confidentiality policies.
◾AB 103 creates a state inspection program for immigration detention facilities.
◾AB 450 regulates the role of employers in unlawful immigration raids on workplaces.
The Department of Justice has claimed that these laws represent an effort to obstruct federal law enforcement agents.
But so-called sanctuary policies like those at issue here are laws intended to ensure that states and localities can serve and protect all of their residents, regardless of immigration status. Many do so by limiting states’ and localities’ role in enforcing immigration law.
These limitations can strengthen resident-police relations, keep control over police resources in local hands, and protect police agencies from liability based on unlawful enforcement of federal immigration laws. Overall, sanctuary jurisdictions have been found to be safer and more economically vibrant than their non-sanctuary counterparts.
As Attorney General Becerra explained, “States and local jurisdictions have the rights to determine which policies are best for their communities.” Tuesday’s lawsuit is yet another attempt to challenge that simple premise.
Note: This is not a legal advice.
- For the week ending March 2, 2018, we received three Adjustment of Status, one Application to Remove Condition on Residence and one Renewal of Green Card approvals.
- For the week ending February 9, 2018, we received approvals of one I-485, one N-400, one I-90 and one I-751.
- On January 12, 2018, we received an approval of immigrant visa at the U.S. Consulate Manila for an alien who applied for I-601-A as one who entered as a seaman.
- On January 10, 2018, we received an approval form USCIS of a self petition for abused spouse based on same sex marriage.
- On January 3, 2018, we received an approval from the Immigration Court for a waiver of misrepresentation for a client who was charged with misrepresentation in marriage;
- On December 15, 2017, we received an approval from USCIS for an adjustment of status for same sex marriage for an applicant who entered without inspection but has Sec. 245 (i).
- On November 16, 2017, we received an approval from Immigration Court for a waiver of misrepresentation for entering as single daughter of U.S. citizen but actually married.
- On October 25, 2017, we received an approval of I-485 adjustment of status for our client who has a DUI but has proof that he has cleared his record.
- On October 20, 2017, we received an approval of naturalization for a client who was granted a waiver of misrepresentation in Immigration Court.
- On October 16, 2017, we received from USCIS an approval for an adjustment of status for same sex marriage, after two scheduled interviews.
- On October 9, 2017, we received an approval from USCIS for adjustment of status for a client who entered as a seaman but has Sec. 245 (i) eligibility.
- On October 2, 2017, we received an approval of adjustment of status from USCIS for a client who entered without inspection but has Sec. 245(i).
- For the week ending September 15, 2017, we received three Immigrant Visa Approvals in U.S. Embassy Manila for three applicants who entered as seaman under the Provisional Waiver Program.
If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.
Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers Association. He specializes in immigration law and personal injury. For free consultation email or call (firstname.lastname@example.org / 1-877-456-9266)