Former AG Holder, Writing for Calif. State Senate, Rebuffs DOJ's Suit Over Immigration Policies
Holder's amicus brief speaks out in defense of SB 54, the California Values Act, also called California's “sanctuary state” law.
May 18, 2018 at 06:42 PM
2 minute read
SAN FRANCISCO — Former U.S. Attorney General Eric Holder, now at Covington & Burling, on Friday filed an amicus brief on behalf of the California Senate arguing against a Department of Justice lawsuit over state immigration policy.
The brief speaks out in defense of SB 54, the California Values Act, also called California's “sanctuary state” law. The statute limits state law enforcement interactions and information-sharing with immigration authorities.
Holder's brief on behalf of the state Senate says the law passes constitutional muster and is aimed at ensuring residents are able to cooperate with state and local law enforcement “without concern of immigration consequences,” including as witnesses, victims and participants in community criminal justice efforts.
“Through this lawsuit, the Department of Justice seeks to commandeer California by enjoining provisions of the act as purportedly preempted,” it adds. “This brief explains how the California Values Act is a constitutional exercise of core sovereign authority and was the product of a careful legislative process.”
The DOJ sued the state of California in March, challenging provisions in three immigration-related state laws, including SB 54, as unconstitutional. Current U.S. Attorney General Jeff Sessions at the time referred to the measures as “unjust, unfair, and unconstitutional policies” in remarks to law enforcement officials.
The case is currently in federal court in Sacramento in front of U.S. District Judge John Mendez of the Eastern District of California, who was appointed by President George W. Bush.
California Attorney General Xavier Becerra unsuccessfully tried to move the suit to San Francisco, where U.S. District Judge William Orrick is hearing California's challenge to a Trump administration proposal to deny law enforcement grants to sanctuary cities and counties.
A motion to dismiss the DOJ's suit is pending. Read the full amicus brief below.
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