Speaking at a San Francisco news conference, California Attorney General Xavier Becerra said the suit will argue that the Justice Department is violating the Constitution. | Marcio Jose Sanchez/AP California files suit over Trump sanctuary city policy

California has become the first state to sue the Trump administration over its anti-sanctuary cities policy.

Speaking at a San Francisco news conference, California Attorney General Xavier Becerra said the state's suit argues that the Justice Department is violating the Constitution by trying to implement a new policy that would deny grants to jurisdictions that fail to give immigration authorities access to local jails or fail to give immigration officials 48 hours’ notice on the release of prisoners being sought on immigration charges.

Story Continued Below

“We abide by federal law. We respect the Constitution,” Becerra said. “The federal government should do the same. ... The federal government is using the threat of its power, of its size, to bully local jurisdictions to do what they want.”

California is joining two localities already suing over the policy change the Trump administration announced last month, Chicago and San Francisco. The suits argue that the administration lacks authority from Congress to add new conditions to federal grants. They also contend that the new policy amounts to a kind of coercion intended to press local law enforcement into acting at the direction of federal officials.

The suit was filed in U.S. District Court in San Francisco Monday evening, well after the morning news conference.

“Several California cities, including San Francisco, have already experienced the devastating effects that sanctuary policies have on their citizens,” Justice Department Spokesman Devin O’Malley said. “Given the multiple high-profile incidents that have occurred in California in recent years, it is especially disappointing that state leaders would take steps to limit cooperation between local jurisdictions and immigration authorities that are trying to keep Californians safe. 80% of the American public share the common-sense view that when a city arrests illegal immigrants for committing a crime, they should be required to turn them over to immigration authorities.”

However, Attorney General Jeff Sessions has argued that the Justice Department is permitted to direct its grant resources to jurisdictions that cooperate with efforts to enforce federal immigration laws. He’s also argued that the sanctuary policies are reckless and endanger communities by releasing foreigners wanted for deportation rather than holding them for federal agents.

“No amount of federal taxpayer dollars will help a city that refuses to help its own residents,” Sessions said in response to the Chicago suit last week. “To a degree perhaps unsurpassed by any other jurisdiction, the political leadership of Chicago has chosen deliberately and intentionally to adopt a policy that obstructs this country’s lawful immigration system.”

Sanctuary proponents contend the policies make communities safer by encouraging members of the public — even those in the country illegally — to cooperate with local law enforcement.

Becerra said about $28 million in grants to California communities are a stake in the current dispute.

“We will fight to get back the tax dollars that we contribute to the federal Treasury to do the work of local law enforcement here in California that we not only deserve, but we pay for as federal taxpayers,” he said.

San Francisco City Attorney Dennis Herrera, who filed suit against the policy on Friday, also complained of federal overreach.

“The president is once again attempting to end-run the Constitution,” Herrera said. “This is a backdoor attempt to force states and local governments to carry out federal immigration enforcement. Immigration enforcement is the federal government’s job. They can do it in San Francisco and every other city in the country. We are not stopping them.”

Becerra invoked the 10th Amendment’s language that reserves unenumerated powers to the states, but he rejected comparisons to Southern states that used similar arguments to defy federal civil rights enforcement in the 1960s.

“We’re not asking our police and sheriffs’ deputies to violate the rights of the people they’re sworn to protect,” Becerra said. “There’s a very different use of the 10th Amendment and the states rights argument today. … We’re trying to protect people, not to harm them.”

In a related development, the Justice Department argued Monday that Chicago’s suit over the same policy does not need to be accelerated. While the city noted that the deadline to apply for the so-called Byrne grants is Sept. 5, Justice Department lawyers said the timing of grant awards and the deadline to accept such awards means there’s no need to rush Chicago’s motion for an injunction.

Chicago “is months away from any conceivable deadline to decide whether to accept an award on whatever terms might be imposed,” the Justice Department said in a filing with U.S. District Court Judge Harry Leinenweber, who has yet to act on the city’s motion.

Earlier this year, several localities in Massachusetts and California — including San Francisco — filed legal challenges to an early Trump executive order that threatened a broad crackdown on sanctuary cities. Sessions issued a directive giving a limited scope to that order, but a federal judge has declined to lift an injunction he issued blocking use of Trump’s order to impose grant conditions beyond existing federal law.

The implications of that injunction for the new policy are unclear, although the judge’s directive does not appear to cover policy actions the administration takes that are not in response to Trump’s executive order.</s>SAN FRANCISCO — The state of California and city of San Francisco said Monday that they are suing the U.S. Department of Justice over President Donald Trump’s sanctuary city restrictions on public safety grants.

the announcement, turning California into the first state to challenge the administration on its policy of denying some public safety funds to sanctuary cities and counties that limit cooperation with enforcement of U.S. immigration laws.

San Francisco also filed its own federal lawsuit Friday regarding federal restrictions on the Edward Byrne Memorial Justice Assistance Grants, which both men said provide for a range of crime fighting and crime prevention programs. They said California could lose $28 million and San Francisco could lose $1.5 million in annual funding.

“It’s a low blow to our men and women who wear the badge, for the federal government to threaten their crime fighting resources in order to force them to do the work of the federal government when it comes to immigration enforcement,” Becerra said.

Chicago filed a similar lawsuit last week, arguing that the Trump administration’s bid to withhold public safety grants from so-called sanctuary cities is illegal.

In response, U.S. Attorney General Jeff Sessions has said the Trump administration “will not simply give away grant dollars to city governments that proudly violate the rule of law and protect criminal aliens.”

Jim Brulte, chairman of the California GOP, criticized the lawsuits, saying that “allowing felons, allowing repeat felons to roam free for political purposes is bad public policy.”

Supporters have said the sanctuary protections promote overall public safety by allowing immigrants who are in the country illegally to report crimes without fear of federal deportation.

 Becerra and Herrera are strong supporters of sanctuary protections, which largely prohibit local law enforcement from cooperating with federal immigration authorities.

Opponents have said people who are in the country illegally do not deserve the protections because they should not be in the U.S.

The California Legislature is considering a measure nicknamed the “sanctuary state bill” that would limit state and local police from cooperating with federal immigration agents. Supporters of the legislation, SB54, have said it rebukes the president for his crackdown on illegal immigration.

 The Senate passed the measure earlier this year, sending it to the Assembly where it still requires a vote. It would also need approval from Democratic Gov. Jerry Brown, who has said the bill needs changes but has declined to specify what he wants altered.

San Francisco sued the Trump administration in January over the president’s move to cut funding to immigrant-protecting “sanctuary cities” via executive order. A federal judge temporarily halted the executive order as the lawsuit progresses.

Becerra said he was filing the state’s lawsuit on behalf of smaller California cities and counties that may not have the resources to challenge the U.S. administration.</s>SAN FRANCISCO (AP) — The state of California and city of San Francisco are suing the U.S. Department of Justice over President Donald Trump’s sanctuary city restrictions on public safety grants.

In a news conference Monday, Attorney General Xavier Becerra and City Attorney Dennis Herrera, both Democrats, announced the lawsuit, which makes California the first state to challenge the administration on its sanctuary city policy of denying funds to cities that limit cooperation with enforcement of U.S. immigration laws.

San Francisco also filed its own federal lawsuit Friday. Becerra said he was filing on behalf of smaller cities and counties that may not have the resources to challenge the federal administration.

He said about $28 million is at stake for programs that fight and prevent crime because the president wants to impose his immigration policies on local government.

“It’s a low blow to our men and women who wear the badge, for the federal government to threaten their crime fighting resources in order to force them to do the work of the federal government when it comes to immigration enforcement,” Becerra said.

Chicago filed a similar suit last week, arguing that the Trump administration’s bid to withhold public safety grants from so-called sanctuary cities is illegal.

U.S. Attorney General Jeff Sessions has said the Trump administration “will not simply give away grant dollars to city governments that proudly violate the rule of law and protect criminal aliens.”

The California Legislature is considering a measure nicknamed the “sanctuary state bill” that would limit state and local police from cooperating with federal immigration agents. Supporters of the legislation, SB54, say it rebukes the president for his crackdown on illegal immigration.

The Senate passed the measure earlier this year, sending it to the Assembly where it still requires a vote. It would also need approval from Democratic Gov. Jerry Brown, who has said the bill needs changes but has declined to say specifically what he wants altered.</s>SAN FRANCISCO—California and San Francisco are challenging the Trump administration through separate lawsuits over its decision to withhold federal grant money from cities that refuse to cooperate with federal immigration enforcement.

The lawsuits announced Monday are the latest attempts by a number of cities and states to push back against the Trump administration’s immigration actions. So-called sanctuary cities have vowed to...</s>California and San Francisco officials said Monday they are suing the Trump administration, alleging federal threats to withhold funding from “sanctuary cities” are unconstitutional and violate the rights of residents.

Atty. Gen. Xavier Becerra said the state and local jurisdictions in California receive $28 million annually in law enforcement grants from the federal government that could be withheld. He said President Trump’s push to end the funding is “bullying.”

“It’s a low blow to our men and women who wear the badge, for the federal government to threaten their crime-fighting resources in order to force them to do the work of the federal government when it comes to immigration enforcement,” the attorney general said at a San Francisco news conference.

A state lawsuit is being filed later Monday and will be coordinated with a similar lawsuit already filed by the city of San Francisco, Becerra said.</s>The city filed its lawsuit over the weekend challenging conditions the Department of Justice recently put on key law enforcement grants to pressure sanctuary cities, and California announced it would be filing its own suit on Monday.

San Francisco's lawsuit alleges that the recent additional requirements on the Edward Byrne Memorial Justice Assistance Grants are unconstitutional.

In the filing, San Francisco calls the added conditions, which require cities to comply in certain ways with federal immigration enforcement, "simply the latest attempt by the Trump administration to coerce state and local jurisdictions into carrying out the federal government's immigration enforcement priorities."

Separately, California Attorney General Xavier Becerra announced Monday that California would be the first state to challenge the grant conditions.

"This action jeopardizes critical crime-fighting resources and threatens the safety of California residents," Becerra said. "More than $28 million in federal funds that California uses for programs supporting law enforcement, recidivism prevention, crime victims and witnesses, and at-risk youth are at issue." Chicago has also sued over the additional grant requirements. A Department of Justice spokesman called the actions of Californian officials "unfortunate" in a statement Monday. "Several California cities, including San Francisco, have already experienced the devastating effects that sanctuary policies have on their citizens," spokesman Devin O'Malley said, referring to some high-profile murders that have been allegedly committed by undocumented immigrants. "Given the multiple high-profile incidents that have occurred in California in recent years, it is especially disappointing that state leaders would take steps to limit cooperation between local jurisdictions and immigration authorities that are trying to keep Californians safe." The lawsuits stem from a move by Attorney General Jeff Sessions in July to place greater conditions on the grants, known as JAGs. Sessions announced cities will be required to certify that they'll cooperate with federal immigration enforcement more extensively than in the past, including by letting federal authorities access detainees in jails to inquire about immigration status and giving the federal government 48 hours' notice before any inmate they're interested in is released. Those two conditions expanded the requirements on the grants, which go to state and local jurisdictions for a range of crime-fighting programs and issues like drugs, gangs and domestic violence, beyond compliance with a law mandating communication of immigration status to the federal government. That condition was put in place by the Obama administration last year, and virtually every city says it is in compliance with that law. The additional requests -- access to jails and 48 hours' notice -- are not required by any current law. But the Trump administration has made sanctuary cities a central focus of its immigration agenda, using pitched rhetoric to condemn sanctuary cities as not actually caring about violent crime. The term sanctuary city loosely refers to jurisdictions that in some way do not cooperate with federal immigration enforcement. Localities have a variety of justifications for doing so, from protecting undocumented immigrants to preserving law enforcement's ability to gain the trust and cooperation of communities. Some jurisdictions have also been barred by the courts from complying with certain federal requests. San Francisco has already won one court challenge over the Trump administration's sanctuary city policies. This spring, a federal judge in the Northern District of California prohibited the administration from carrying out a threat to strip federal funding in general from sanctuary cities, aside from previously existing conditions on the JAGs. The DOJ conditions that San Francisco is now suing over were announced as added requirements to that grant after the court upheld its ruling against the broader threat.</s>SAN FRANCISCO (AP) - The state of California and city of San Francisco are suing the U.S. Department of Justice over President Donald Trump's sanctuary city restrictions on public safety grants.

In a news conference Monday, Attorney General Xavier Becerra and City Attorney Dennis Herrera, both Democrats, announced the lawsuit, which makes California the first state to challenge the administration on its sanctuary city policy of denying funds to cities that limit cooperation with enforcement of U.S. immigration laws.

Chicago filed a similar suit last week, arguing that the Trump administration's bid to withhold public safety grants from so-called sanctuary cities is illegal.

Attorney General Jeff Sessions has said the Trump administration "will not simply give away grant dollars to city governments that proudly violate the rule of law and protect criminal aliens."</s>SAN FRANCISCO (AP) — The state of California and city of San Francisco are suing the U.S. Department of Justice over President Donald Trump’s sanctuary city restrictions on public safety grants.

In a news conference Monday, Attorney General Xavier Becerra and City Attorney Dennis Herrera, both Democrats, announced the lawsuit, which makes California the first state to challenge the administration on its sanctuary city policy of denying funds to cities that limit cooperation with enforcement of U.S. immigration laws.

“This president is bent on trying to vilify immigrants and punish cities that prioritize real, effective public safety over splitting up hard-working families,” Herrera said in a prepared statement. “Trump attacked sanctuary cities in January with his unlawful executive order. We stopped him in court. Then he tried to sneak through a change in the law by burying it deep in his budget. Now he’s trying to have one of his departments rewrite the rules.”

“So we’re back in court once again, with allies by our side, to compel him to follow the law,” Herrera added.

Chicago filed a similar suit last week, arguing that the Trump administration’s bid to withhold public safety grants from so-called sanctuary cities is illegal.

Attorney General Jeff Sessions has said the Trump administration “will not simply give away grant dollars to city governments that proudly violate the rule of law and protect criminal aliens.”</s>San Francisco, a "sanctuary city," stands to lose $1.5 million in police-related federal funding, but now the city and California are suing the US Department of Justice over this rule. Some $500,000 of the funding is distributed by the federal government.On Monday, San Francisco City Attorney Dennis Herrera slapped the US Department of Justice with the lawsuit.Sanctuary cities, a generic term for cities not taking up federal immigration enforcement responsibilities, have been threatened with funding freezes by the DOJ. The Justice Department has warned that the federal government will withhold grant money for the Edward Byrne Memorial Justice Assistance Program, which subsidizes police equipment and vehicles as well as community and social programs.The DOJ specifically requests sanctuary cities allow federal immigration officials to enter their jails in order to pursue the interrogation of suspects. Cities must also provide federal officials with 48 hours notice in the case of an impending release of a prisoner who is being sought for questioning.City Attorney Herrera and State Attorney General Xavier Becerra also announced Monday that the state would file a lawsuit over the same issue.This makes California the first state to sue the federal government over the grants.The Byrne grant, cited in the lawsuit, guarantees money to cities that want to buy new police vehicles or fund public safety efforts, which include jail diversion initiatives, social work services and adult alternative courts."We abide by federal law, we respect the Constitution. The federal government should do the same," Becerra said at a Monday morning news conference at San Francisco City Hall, the Chronicle reported.US Attorney General Jeff Sessions disagrees with this sentiment on sanctuary cities and announced last month that the DOJ will withhold the Byrne grant from sanctuary cities unless they cooperate closely with federal immigration officers."So-called sanctuary policies make all of us less safe because they intentionally undermine our laws," Sessions said in late July, according to a DOJ press release. "These policies also encourage illegal immigration and even human trafficking by perpetuating the lie that in certain cities, illegal aliens can live outside the law."However, Herrera called the Trump administration's attempts to make sanctuary cities comply with federal officials "an end-run around the Constitution."He continued, "It's a low blow to our men and women who wear the badge, for the federal government to threaten their crime-fighting resources in order to force them to do the work of the federal government when it comes to immigration enforcement," according to the Los Angeles Times."The Department of Justice," he stated, "does not have authority from Congress to impose these conditions (on the grants), and for good reason."The city of Chicago filed a similar suit against the DOJ for threatening to withhold the Byrne grant money last week in US District Court.</s>In July, the DOJ said that in order to get funds through the Edward Byrne Memorial Justice Assistance Grant Program, jurisdictions will have to provide immigration agents access to local jails to interrogate suspected undocumented immigrants, and give the Department of Homeland Security 48 hours notice before releasing someone the feds want to take into custody.

“This is a back door attempt to coerce state and local governments to carry out federal immigration enforcement,” San Francisco City Attorney Dennis Herrera said at a news conference. “We are not going to devote our limited police resources to that task. Our police and deputies are focused on fighting crime not breaking up hardworking families.”

The lawsuit, filed on Friday in federal court, alleges that two new conditions the DOJ has put on grant money to be used by local police are unconstitutional.

San Francisco announced on Monday that it had filed a lawsuit against new grant conditions by the Department of Justice that would force cities to give federal immigration agents access to people in local jails. Chicago filed a similar lawsuit on Aug. 7, and California is expected to file a similar complaint.

San Francisco has joined Chicago as it became the latest city to sue the Trump administration over its threat to withhold federal grant money from jurisdictions that refuse to fully cooperate with immigration authorities.

According to the lawsuit, San Francisco risks losing more than $1.4 million this fiscal year if it does not receive the grant money. The complaint asks for an injunction for the city and other so-called sanctuary cities that have policies protecting undocumented immigrants.

“San Francisco faces an unacceptable choice: either comply with DOJ’s unconstitutional new grant conditions and abandon local policies that San Francisco has found to promote public safety and foster trust and cooperation between law enforcement and the public,” the complaint said, “Or, maintain these policies but forfeit critical funds that it relies on to provide essential services to San Francisco residents.”

San Francisco had already filed a lawsuit that blocked a provision of President Trump’s executive order that would have cut federal funds from sanctuary jurisdictions.

Trump has repeatedly pointed to San Francisco as an example of how cities not fully cooperating with immigration authorities can lead to crime that otherwise could have been prevented, referring to the case of 32-year-old Kate Steinle, who was fatally shot on the pier by an undocumented immigrant who had a felony record and had been deported five times.

In a statement on Monday, the DOJ referred to the shooting again in criticizing the city for filing the lawsuit.

"The people of San Francisco know all too well the pain and suffering associated with the tragedy resulting from local jurisdictions that refuse to cooperate with federal immigration authorities," the DOJ said in a statement. "So it’s especially disappointing that San Francisco is less concerned with keeping its constituents safe than it is spending time and taxpayer money protecting criminal aliens and putting San Francisco’s law enforcement at greater risk."

However, California Attorney General Xavier Becerra on Monday said any attempt to force local jurisdictions to enforce federal immigration law actually diminishes public safety. He said the state stands to lose over $28 million for jurisdictions across California under the DOJ's new rules.

“It’s a low blow to the men and women who wear the badge for the federal government to threaten their crime fighting resources in order to force them to do the work of the federal government when it comes to immigration enforcement,” Becerra said. “The Trump administration has instituted policies that are not only reckless but illegal.”
California and San Francisco sue the United States Federal government over its opposition towards sanctuary cities.