Gov. Gavin Newsom's office responded Aug. 19 to a Department of Justice demand that jurisdictions with sanctuary laws identify steps to end policies the DOJ says impede federal immigration enforcement. The governor's office cited a court finding that California has the right to refrain from assisting with federal immigration efforts and noted the Trump administration previously lost a suit against California. The office invoked Ninth Circuit precedent that California law limiting law enforcement coordination with federal immigration enforcement does not directly conflict with federal statutes. The letter warned that DOJ attorneys licensed in California who threaten or initiate prosecutions without probable cause could face ethics complaints and requested confirmation by Aug. 26 that such prosecutions are improper.
"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."
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