Marin Opposes U.S. Immigration Policy in Court

Citing civil rights, County joins amicus brief in support of recent state laws

San Rafael, CA – The County of Marin is among 23 California jurisdictions supporting the State of California in opposing federal efforts to block three of the state’s immigration laws.

IMG_7359In the United States District Court Case U.S. v. State of California, Case No. 2:18-at-00264, Marin joined the filing of an amicus brief to oppose the U.S. government’s March 2018 lawsuit challenging the validity of Senate Bill 54, Assembly Bill 450 and Assembly Bill 103.

The City of Oakland, County of Los Angeles, and County of Santa Clara co-authored the amicus brief in a move to show solidarity with the state. The brief supports the state opposition to the federal government’s motion for a preliminary injunction. The federal government has labeled California as a sanctuary state and said the three recent laws are unconstitutional.

In the brief, local governments said the federal government’s attempt to bludgeon California and its jurisdictions into compliance with its preferred immigration enforcement agenda prevents immigrants from participating in economies and communities, accessing health care, and erodes neighborhood-level cooperation and trust in law enforcement. 

“If immigrants fear that any interaction with the police may lead to deportation for themselves or a loved one, they will not willingly assist law enforcement, and public safety will suffer,” the local governments wrote. “Trust between law enforcement and the communities they are sworn to protect is weakened when peace officers are viewed as de facto immigration enforcers.”

In March 2017, the Marin County Board of Supervisors passed a resolution to uphold due process and protect civil rights of local immigrants. The Board cited its commitment to promote social equity, foster tolerance, and fight all forms of discrimination regardless of a person’s immigration status. Marin is estimated to have about 16,000 undocumented immigrants, or about 6 percent of the population.

Board Vice President Kate Sears at the time said, “This resolution … is one small way to protect and promote civilization by ensuring family unity, community security and due process for all residents of Marin County.”

SB 54, also known as the California Values Act, was signed by Governor Jerry Brown in October 2017 to regulate how local law enforcement cooperates with federal immigration authorities.  In certain circumstances, SB 54 prohibits state and local agencies from notifying Immigration and Customs Enforcement (ICE) officials when an immigrant is about to be released from custody and could be the subject of deportation.

Marin stated that SB 54 helps immigrant communities integrate into city and county populations and promotes public safety, public health, and economic rights. On the same day, Brown signed AB 450, which supports fair labor practices for undocumented immigrants by prohibiting businesses from voluntarily sharing information about workers with federal agents. AB 103, from June 2017, subjects local detention facilities to twice-yearly inspections by the Attorney General’s office.

Aside from Marin County, the following municipalities have joined the brief: Alameda County, Albany, Arvin, Berkeley, Culver City, Davis, East Palo Alto, Los Angeles County, Monterey County, Morgan Hill, Mountain View, Oakland, Palm Springs, Sacramento, San Diego (city), San Jose, Santa Ana, Santa Clara County, Santa Cruz County, Santa Monica, Sonoma County, and West Hollywood. Stockton Mayor Michael Tubbs joined as an individual. 

13537741_10209328713390171_8282725518331626905_nMelanie Nathan
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