Federal Government Challenges California’s “Sanctuary State” Status

Proskauer - California Employment Law
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Yesterday, the United States of America filed a lawsuit in federal court in Sacramento, naming California Governor Jerry Brown and Attorney General Xavier Becerra as defendants, and claiming that California’s proclaimed status as a “sanctuary state” puts federal agents in danger.

Specifically, the lawsuit targets three state laws that became effective on January 1, 2018 that the federal government claims undermine federal immigration law: one prohibiting local governments from contracting with for-profit companies and the Bureau of Immigration and Customs Enforcement (“ICE”) to hold immigrants; one preventing police officers from asking questions regarding someone’s immigration status during routine interactions; and one prohibiting employers from allowing immigration agents to enter worksites or view employee files without a subpoena or warrant (AB 450).

We previously blogged about California’s becoming a sanctuary state with the enactment of AB 450.  If past experience in the immigration context is any guide, this case is destined for the Ninth Circuit and ultimately the United States Supreme Court.

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