Becerra Wants Help From Judges to Resist Immigration Crackdown
The California attorney general's office was required to publish policies “limiting assistance with immigration enforcement to the fullest extent possible."
October 01, 2018 at 08:07 PM
3 minute read
California court leaders must adopt new policies to limit employees' cooperation with federal immigration enforcement actions in their courthouses, under guidance issued Friday night by Attorney General Xavier Becerra's office.
The directive, issued in response to so-called sanctuary state legislation enacted last year and largely upheld this summer by a federal judge in Sacramento, lays out four sets of model policies that court officials “shall adopt” to shield undocumented immigrants who come to court.
The legislation required the attorney general's office to publish policies “limiting assistance with immigration enforcement to the fullest extent possible.” Courts must enact policies “permitting wide access to justice,” including “the use of pseudonyms, where feasible, appropriate to protect an individual's safety, and permitted by applicable state law.”
Arrests of undocumented immigrants will be barred within juvenile courthouses and courtrooms “unless there is an immediate risk to the safety and protection of the public.”
Court workers in most cases may not assist in immigration enforcement activities, and they must be trained that U.S. Department of Homeland Security “administrative subpoenas and federal court subpoenas do not require immediate compliance despite the warning language that may be included on the form.”
Court employees may not share anyone's immigration status or release date unless the immigration officer has a valid judicial warrant, subpoena or court order.
The requirements for courts were released by the attorney general's office at the same time as three other policy manuals for medical facilities, colleges and universities, and shelters serving emergency evacuees, the homeless and those fleeing domestic violence.
Attorneys with the California Department of Justice consulted with Alex Calvo, executive officer of the Santa Cruz County Superior Court, and Sonoma County Superior Court Presiding Judge Gary Nadler while preparing the report.
“Fortunately, a lot of what is in this report are things that courts may not have documented but they already do,” Calvo said.
California courthouses, for instance, already have restricted areas where only certain employees are allowed. “We're not going to let someone in those areas just because they flash a badge,” Calvo said.
State courts also currently allow some parties to a case, including juveniles and those alleging abuse, to use pseudonyms.
The attorney general's office did not set a deadline for courts to adopt the new policies, and many judges and court executive officers were still learning about the report's contents on Monday, Calvo said.
A spokeswoman for the U.S. Immigration and Customs Enforcement Agency did not return a message left Monday seeking comment on the new policy directive.
Chief Justice Tani Cantil-Sakauye has criticized federal immigration officials for detaining and arresting undocumented immigrants in state courthouses, arguing that such actions deter victims and witnesses from appearing for cases. Immigration agency leaders say courts with security screening provide a safer environment for detentions than neighborhood actions.
Gov. Jerry Brown last week vetoed legislation aimed at barring civil arrests in state courthouses. Brown said he wanted the attorney general to finish his work on immigration enforcement cooperation policies, which were ultimately released Friday.
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