California Slapped With Lawsuit Over ‘Unconstitutional’ Sanctuary Law
'Obstructionist sanctuary state'
As the United States prepares for a new presidential administration focused on mass deportations, leaders in San Diego County have chosen to defy these plans by passing a controversial policy that fortifies and expands sanctuary protections for illegal aliens. This decision has ignited a fierce backlash from both local law enforcement and residents.
Following President-elect Donald Trump's election victory in November, many liberal leaders vowed to stand in the way of his administration's mass deportation efforts.
California Gov. Gavin Newsom (D) pledged to "Trump-proof" the state by pushing through bills that would serve as roadblocks to the incoming administration. Newsom has also ensured that Attorney General Rob Bonta has the funds to sue the administration. During Trump's first term, California filed more than 100 lawsuits against him.
In later November, the Los Angeles City Council rushed to pass a "sanctuary city" ordinance to send "a very clear message" that the city refuses to "cooperate with ICE in any way," according to council member Hugo Soto-Martinez (D). The measure passed unanimously.
San Diego County Board of Supervisors Chairwoman Nora Vargas introduced a similar measure following Trump's victory.
On December 10, the board approved Vargas' proposal to double down on the county's sanctuary status. Despite the board's 3-1 vote, the public remained deeply divided on the issue.
More than 100 residents signed up to speak on Vargas' proposed policy, listed as Item 29, "adopting a board policy on immigration enforcement to enhance community safety." Further, the policy received more than 500 electronic comments.
‘You guys are protecting child sex traffickers.’
Leading into the public comments, Vargas warned that some residents and even fellow board members would likely share "a lot of misinformation" about her proposal.
Residents advocating for the policy — several of whom introduced themselves by their pronouns — argued that county resources should not be used to aid the federal government with mass deportations. Numerous individuals expressed concerns about family separation and possible human rights abuses. Others contended that failing to pass the measure might undermine the community's trust in local law enforcement.
Reverend Lenny Duncan told the board of supervisors that he supported the policy.
"As a Christian, I'm taught that Jesus has to run from political violence to Egypt. It's actually part of the story, Councilman [Jim] Desmond," Duncan stated, addressing the sole Republican supervisor present at the meeting. "We need to vote 'yes' on this and continue to be a Madisonian democracy. Maybe the slim majority of Americans wanted this, but the majority of Californians don't."
As Duncan stepped away from the microphone, a resident in the crowd corrected him, shouting, "It's a constitutional republic."
Robert Hicks, the assistant regional director for the Anti-Defamation League's San Diego branch, also voiced support for the measure on behalf of the organization.
"Immigrants and refugees are an integral part of our San Diego community. We are grateful that the county has decided to advance protections for immigrants that will keep families together and ensure immigrants are treated with humanity, dignity, and respect," Hicks told the board.
Multiple individuals in support of the measure seemed to repeat a near-identical phrase claiming that the San Diego County Sheriff's Office has been using local resources to assist federal immigration officials with deportation efforts.
The board of supervisors abruptly called for a recess when a male resident started shouting over a speaker who had just regurgitated the same line.
Upon reconvening after the recess, the county proceeded to hear from residents opposed to the measure.
While one local was speaking, another resident held up a thick stack of papers, flipping through what appeared to be headlines documenting crimes perpetrated by illegal aliens.
"Man who shot at California cop previously deported, arrested but cops wouldn't honor ICE detainer, feds say," one paper read.
"Illegal immigrant accused of raping 13-year-old at knifepoint," another stated.
‘The Sheriff's Office does not coordinate with, nor will it delay an individual's release to accommodate immigration officials.’
Eli Komai, a San Diego resident, called Vargas' policy "toothless."
"I'd like to make you aware of why these immigrants are coming to the United States in the first place. They're seeking out a homeland that has more law and order; that is safer, is not run by gangsters or cartels, or communists," Komai stated.
"If you cross in here illegally, you're a criminal," he remarked.
Intermittent disruptions from the audience prompted Vargas to order everyone to clear the chamber as the board concluded the public comment section by listening to those who had called in remotely.
Resident Natalie Hayes openly criticized the numerous religious leaders who had spoken during the meeting in favor of the measure.
"You guys are protecting child sex traffickers," Hayes stated. "I don't hear you out here speaking for them, veterans, or any American children that are also being affected by what's coming into this border."
Vargas argued that her policy aligned with state legislation passed under former Gov. Jerry Brown (D). She specifically mentioned Brown's California Assembly Bill 4, which prevents local law enforcement from honoring ICE detainer requests, and California Senate Bill 54, which prohibits the transfer of illegal immigrants to ICE custody and forbids notifying the federal agency about inmate release dates.
Vargas' policy read, "Today's actions will adopt a resolution and Board Policy L-2 to affirm the County shall not provide assistance or cooperation to ICE in its civil immigration enforcement efforts, including by giving ICE agents access to individuals or allowing them to use County facilities for investigative interviews or other purposes, expending County time or resources responding to ICE inquiries or communicating with ICE regarding individuals' incarceration status or release dates, or otherwise participating in any civil immigration enforcement activities."
The policy forces county officials to obtain a warrant signed by a state or federal judge to communicate with ICE.
Ahead of the vote, Desmond voiced his concerns about the measure.
‘California's policymakers are more focused on “Trump-proofing” the state than addressing the needs of everyday Californians.’
Desmond argued that the policy went "beyond California's existing sanctuary laws by adding an additional layer of bureaucracy that hinders local law enforcement from directly notifying ICE about illegal immigrants who are currently in our jails, and they have committed heinous crimes."
He noted that such crimes included "child abuse or endangerment, driving under the influence of alcohol or drugs — but only if this conviction is for a felony — possession of an unlawful deadly weapon, gang-related offenses, a crime resulting in death or involving personal affliction or great bodily injury, possession or use of a firearm in the commission of an offense, torture, rape, and kidnapping."
Desmond's objections were disregarded, and the rest of the board voted to pass the policy.
In an unexpected turn of events, the San Diego County Sheriff's Office quickly released a statement announcing its refusal to adhere to the newly passed policy.
The sheriff's office argued that the board of supervisors does not have the authority to set its policy.
"The sheriff, as an independently elected official, sets the policy for the Sheriff's Office. California law prohibits the board of supervisors from interfering with the independent, constitutionally and statutorily designated investigative functions of the sheriff, and is clear that the sheriff has the sole and exclusive authority to operate the county jails," the statement read. "The Sheriff's Office will not change its practices based on the board resolution and policy that was passed at today's meeting."
Sheriff Kelly A. Martinez, a Democrat, also released a statement regarding the office's decision not to comply with the board's measure.
"As the sheriff of San Diego County, my number-one priority is protecting the safety and well-being of all residents of our diverse region. While protecting the rights of undocumented immigrants is crucial, it is equally important to ensure that victims of crimes are not overlooked or neglected in the process. Victims include undocumented individuals — these vulnerable individuals express to me that their legal status is used as a weapon against them when offenders from their community victimize them," Martinez wrote.
In a statement to Blaze News, the sheriff's office confirmed that it "will not be expanding or changing anything we have been doing."
"We will continue to follow state law and maintain the way we have been operating for several years. The Board Action sought to impose restrictions well beyond those already provided for in-state law regarding how local law enforcement can work with immigration officials."
A spokesperson explained that the sheriff's office believes the "current state law strikes the right balance between limiting local law enforcement's cooperation with immigration authorities, ensuring public safety, and building community trust."
‘There was really no listening to the voice of the people.’
In response to residents' allegations about the use of county resources to assist federal immigration officials, the spokesperson provided clarity on the specific situations in which the sheriff's office can lawfully communicate with ICE.
"State law allows for the Sheriff's Office to share release dates for individuals who are in Sheriff's custody only if they have qualifying convictions for specific serious, violent, or sex crimes," the spokesperson said. "If an individual has a qualifying conviction, state law authorizes local law enforcement to notify immigration authorities of that person's release date. Immigration officials decide whether they will be present when the individual is released from custody."
"The Sheriff's Office does not coordinate with, nor will it delay an individual's release to accommodate immigration officials," the office remarked, referring to ICE's detainers, which request local law enforcement hold individuals up to 48 hours after their scheduled release date.
The sheriff's office told Blaze News that it has no plans to seek legal action against the county over the policy.
Following the sheriff's announcement, Komai told Blaze News, "I am relieved that Sheriff Martinez and her staff are aware of state law and aren't so easily hoodwinked, they must have plenty of experience dealing with false pretenses!"
Komai continued, "The aspect of the resolution that demands the greatest clarity is how it has no bearing whatsoever on state law, even though it 'claims' to fly in the face of it. The board, their staff, and many members of the public (including those in the Americanist cause) seem to misunderstand state law. The California state constitution creates the office of the sheriff. Sheriffs are elected independently of County Supervisors and retain their autonomy under the California state law."
Desmond also told Blaze News that he felt relieved by the sheriff's office's refusal to adhere to the new policy. Nevertheless, the vote highlighted how disconnected lawmakers are from their constituents, he pointed out.
"California's policymakers are more focused on 'Trump-proofing' the state than addressing the needs of everyday Californians. They're rolling out the red carpet with free benefits like health care and in-state tuition for those here illegally, while also providing $5 million for legal defense fees," he stated.
"Yesterday's vote is part of that radical agenda. Ending ICE coordination on serious crimes like rape, child abuse, and gang violence leaves our communities vulnerable," Desmond continued. "This isn't just a theoretical issue. Last year in San Diego County, there were 25 ICE transfers involving crimes like kidnapping, burglary, and DUI. Thanks to coordination between local law enforcement and ICE, those dangerous individuals could be deported."
Homan has called Vargas' policy '10 times worse.'
He stated that his constituents are grateful to him "for being the lone 'no' vote and for standing up for common sense in an increasingly radical political environment." However, he noted that residents are profoundly worried about the impacts the policy will have on the safety of their community.
"The message I'm hearing is clear: San Diegans want leadership that prioritizes public safety over partisan politics," Desmond declared.
Kim Yeater, a San Diego County resident and co-founder of the Take Our Border Back alliance, told Blaze News that she felt the decision to pass the policy was determined before locals had a chance to share their thoughts with the board of supervisors.
"It was almost as if the decision was already made. So there was really no listening to the voice of the people," she stated. "I'm really shocked, but I'm not surprised."
Yeater voiced concerns over how open border policies are fueling the fentanyl crisis and allowing unvetted, violent gang members to enter the country. She labeled the situation a "national security breach" and warned that residents might be "putting way too much trust in the people we've elected."
"We, the people, have got to stand up and come together and show up because it's the only way we can hold these elected officials accountable to do the work that we have hired them to do," Yeater said.
Trump's incoming border czar, Tom Homan, has pledged to bring the hammer down on sanctuary jurisdictions like San Diego County. Homan vowed to accomplish Trump's mass deportation mission with or without help from local politicians, noting that Democratic leaders' refusal to cooperate with ICE would only lead to more federal immigration officers on the ground in their communities.
Homan has called Vargas' policy "10 times worse" than the state's existing sanctuary laws.
The San Diego Sector has emerged as one of the most heavily trafficked sections of the southern border. In fiscal year 2024, the sector saw a 40% increase in encounters compared to the previous year, which experienced a 31% rise from fiscal year 2022.
El Cajon Mayor Bill Wells (R) has consistently raised concerns regarding the effects of the Biden administration's immigration crisis on the county.
Wells said in a statement to Blaze News, "The feds cannot ignore the lawless decrees of the San Diego Board of Supervisors. If they do, they will be sanctioning anarchy. I don't see President Trump and Tom Homan allowing Nora Vargas to circumvent the will of the American people. Public safety is not a game, and elected officials should not play with lives for political stunts."
Former California Gov. Jerry Brown (D) attempted to distance himself from the extreme sanctuary policies in the state despite being the one who initially set them in motion.
During a Thursday interview with KXTV, Brown claimed policies prohibiting local law enforcement agencies from cooperating with federal immigration officers have gone too far.
'Subsequent legislation ... has taken it broader.'
Brown previously supported California Assembly Bill 4, preventing local law enforcement agencies from complying with Immigration and Customs Enforcement's detainer requests.
ICE's detainers asked law enforcement to hold already detained illegal aliens up to 48 hours beyond their release date to allow federal agents to transfer them to federal custody. By ignoring these detainer requests, criminal illegal immigrants are released back into the community, forcing ICE to use extra resources to find and arrest those individuals. This is both more costly for taxpayers and more dangerous for immigration agents.
In 2017, amid the first Trump administration, Brown also supported California Senate Bill 54, which barred the transfer of illegal aliens to ICE and banned informing the federal agency about inmate release dates.
Brown's position on sanctuary laws re-emerged as a point of discussion in California this week following the San Diego County Board of Supervisors' decision to approve a policy that broadens protections for illegal immigrants, including those with criminal records.
In her proposal, Chairwoman Nora Vargas claimed that the new sanctuary policy aligned with state laws enacted by Brown.
The recently passed policy "ensures that absent a federal warrant, no release will be delayed." It further prohibits ICE from using county detention facilities "for investigative interviews or other purposes."
KXTV told Brown that critics of California's sanctuary laws argue that the state should lose federal funding for allegedly violating federal immigration laws.
Brown responded, "The bill that I signed [SB 54] had a number of exceptions. There was people who were convicted of violent crimes — or even with serious crimes — were not getting any benefit of any so-called sanctuary."
"It was a matter of having state officials handle state-level matters and not try to play like they do in Texas, that they're federal officials," Brown stated.
He claimed, "Subsequent legislation, I think, has taken it broader, and some of the cities, like San Francisco, have gone way, way beyond in their effort to create a wall, almost a separation of state and federal government."
"I think that is gonna prove difficult," Brown remarked.
He further claimed that Democrats are now advocating for stronger borders and a lawful process to allow in foreign nationals.
"The fact is that we very much depend on immigrants, but we should have a process, and the Republicans have disrupted that," Brown said.
He hopes the incoming Trump administration could implement a more orderly, lawful process, noting that the number of foreign nationals allowed into the U.S. would need to be "restricted substantially."
Brown rejected the narrative that California is defying federal immigration laws.
"There is a level of cooperation, but we're not handing people over to the federal government. The federal government certainly can show up wherever they want to show up," he added.
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The San Diego County Board of Supervisors voted on Tuesday to fortify and expand sanctuary policies beyond state mandates, aiming to shield illegal aliens from President-elect Donald Trump's upcoming mass deportation efforts.
Chairwoman Nora Vargas put forward the proposal, claiming that it aligned with state law, citing former Gov. Jerry Brown's California Assembly Bill 4, which prevents local law enforcement from complying with Immigration and Customs Enforcement's detainer requests.
'This policy means that an illegal immigrant who has committed one of these appalling crimes will now walk free on our streets.'
ICE's detainers request that local authorities hold already detained criminal illegal aliens in their jails for up to 48 hours beyond their scheduled release date to allow ICE agents time to transfer them into federal custody. However, California law bans this cooperation, forcing ICE to expend extra resources to track down and rearrest these individuals once they are back on the streets, which is considerably more costly for the agency and much more dangerous for the arresting officers.
Former Gov. Brown further restricted the collaboration between local authorities and ICE in 2017 through California Senate Bill 54, which banned the transfer of illegal aliens to federal agents and also prohibited informing ICE about release dates.
Vargas' policy "ensures that absent a federal warrant, no release will be delayed."
Ahead of the vote, Vargas warned that some residents and fellow board members were going to share "a lot of misinformation" in opposition to her proposal.
Over 100 San Diego County residents signed up to speak on the policy, and the county received more than 500 electronic comments concerning it.
Vargas' policy read, "Today's actions will adopt a resolution and Board Policy L-2 to affirm the County shall not provide assistance or cooperation to ICE in its civil immigration enforcement efforts, including by giving ICE agents access to individuals or allowing them to use County facilities for investigative interviews or other purposes, expending County time or resources responding to ICE inquiries or communicating with ICE regarding individuals' incarceration status or release dates, or otherwise participating in any civil immigration enforcement activities."
It added, "The proposed policy does not limit or prohibit giving assistance with the investigative activities of any local, state, or federal law enforcement agency relating to suspected violations of criminal laws."
The proposed policy passed in a 3-1 vote on Tuesday.
Supervisor Jim Desmond held the only dissenting opinion. He called Vargas' policy "radical," "reckless," and "a direct betrayal of the people we are sworn to protect."
"Today's outrageous decision to turn San Diego County into a 'Super' Sanctuary County is an affront to every law-abiding citizen who values safety and justice," he wrote in an emailed press release.
"Consider this: Under this policy, law enforcement is prohibited from notifying ICE about individuals, in custody, who have committed violent and heinous crimes, including rape and stalking, assault and battery, burglary, child abuse, and more," Desmond explained.
He added, "Let me be crystal clear — this policy means that an illegal immigrant who has committed one of these appalling crimes will now walk free on our streets, once they serve their jail sentence, protected by county policies, with no coordination with ICE."
Following the board's vote, the San Diego County Sheriff's Office issued a statement declining to enforce the new policy.
Sheriff Kelly A. Martinez wrote, "As the Sheriff of San Diego County, my number one priority is protecting the safety and well-being of all residents of our diverse region. While protecting the rights of undocumented immigrants is crucial, it is equally important to ensure that victims of crimes are not overlooked or neglected in the process. Victims include undocumented individuals — these vulnerable individuals express to me that their legal status is used as a weapon against them when offenders from their community victimize them."
The sheriff's office contended that the board of supervisors does not set its policy.
The department stated, "The sheriff, as an independently elected official, sets the policy for the Sheriff's Office. California law prohibits the Board of Supervisors from interfering with the independent, constitutionally and statutorily designated investigative functions of the sheriff, and is clear that the sheriff has the sole and exclusive authority to operate the county jails."
"The Sheriff's Office will not change its practices based on the board resolution and policy that was passed at today's meeting," it declared.
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Sitting on death row in 2009, John Jacobson Jr., known as the "Yacht Killer," talked about murdering married couple Thomas and Jackie Hawks to obtain the money for a sex-change surgery. Five years earlier, Jacobson lured the Hawkses on to their boat off the California coast, tied them to the vessel's anchor, and threw them overboard before grabbing a beer from the fridge and starting to fish. Roughly a decade later, Jacobson changed his name and started receiving taxpayer funds for hormone treatment. The state of California footed the bill, and Jacobson is now eligible for transition surgery, a move made possible thanks to Kamala Harris's time as California's attorney general.
The post Transgender 'Yacht Killer' Serving Life Sentence Gets Taxpayer-Funded Sex-Change Surgery Thanks to Kamala Harris: 'He Killed My Daughter and Son-in-Law, Now He Gets What He Wants' appeared first on .
NBC News reported that when asked about his view of Vice President Kamala Harris, former California Gov. Jerry Brown did not offer any take on the fellow Californian. "I do not have a thought on that topic," he reportedly said.
NBC News had also asked whether President Joe Biden represents the Democratic Party's best chance to defeat Trump. "I would say he's the man of the hour. He's there," Brown responded, according to the outlet. "I don’t have any great political strategy here of the Democrats," he noted. "It's very challenging."
Brown served as the Golden State's governor from early 1975 through early 1983, and then decades later from early 2011 through early 2019. Harris served as a U.S. senator from California from early 2017 until early 2021. And Brown had served as California state attorney general just before Harris stepped into the role.
Polls show Trump and Biden with massive leads in their respective parties' presidential primaries, so Biden and Harris will likely be the Democratic Party's choice for the 2024 presidential ticket, and Trump will likely end up heading the GOP ticket next year.
"Trump's attempted sabotage of the election has no precedent," Brown said, referring to the 2020 election, according to NBC News. "It's extremely dangerous. But we know historically that democracy usually devolves to the dictators, to the mob. That's the historic classical view. You go from democracy to the mob to dictators to the oligarchy. There are these cycles that we go through."
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Former California Gov. Jerry Brown (D) is refusing to comment on Vice President Kamala Harris.
Brown served as governor of the Golden State for the entirety of Harris' tenure as California attorney general, and thus he has plenty of experience working with her. But when asked about the vice president in a recent NBC News interview, Brown's body language — and his actual words — suggested the former governor doesn't think highly of Harris.
"I do not have a thought on that topic," Brown said when asked about his view of Harris.
According to NBC News senior reporter Peter Nicholas, Brown even "stiffened a bit" when he heard the question. That observation is interesting considering Brown was an open book on other topics.
Nicholas reported:
The garrulous ex-governor who freely opined on U.S.-Chinese relations, global threats and even Gregorian chants (keep reading) had nothing at all to share about a fellow Californian who is next in the line of presidential succession.
The report fails to explain Brown's visceral response to Harris. Does he believe she is bad for the Democratic Party? Do they have personal issues? It's not clear.
What is clear, however, is that some Democrats — like many Americans, according to Harris' approval ratings — are not happy with Harris' performance as vice president, and even fear that she could be a liability on the 2024 ticket. As an example of just how bad it is: Rep. Nancy Pelosi (D-Calif.) dodged a question two months ago when asked if Harris is the "best running mate" to help President Joe Biden win re-election.
On the other hand, Brown appeared happy to endorse Biden while brushing aside concerns about the president's age.
"I would say he's the man of the hour. He's there," Brown said. "He has nothing to worry about until he gets to be 85."
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As Russia invades Ukraine and Americans are hammered with high gas prices, Democratic Rep. Jamaal Bowman of New York is pushing for a "Global Green New Deal" and former California governor Jerry Brown is claiming that people will die if climate change goes unaddressed.
"A Global Green New Deal is what would really address this oil crisis with Russia - and prevent future ones. It’s time we mobilize for real energy security, climate safety, and peace," Bowman tweeted.
A Global Green New Deal is what would really address this oil crisis with Russia - and prevent future ones. \n\nIt\u2019s time we mobilize for real energy security, climate safety, and peace.— Jamaal Bowman (@Jamaal Bowman) 1646761809
The website bowmanforcongress.com indicates that this agenda would entail slashing U.S. military spending.
"Global Green New Deal: We must promote trade that grows and empowers labor and foreign policy and moves us toward 100% clean and renewable energy abroad," the website declares. "The US military is the biggest polluter on the planet so decreasing our military spending will go a long way toward saving the planet. I believe the climate crisis is an opportunity to finally discard our weapons and fear of each other to come together and save the planet."
In an effort to squeeze Russia, President Biden signed an executive order on Tuesday which prohibits importing Russian oil and other products into the U.S. — the list of banned products includes, "crude oil; petroleum; petroleum fuels, oils, and products of their distillation; liquefied natural gas; coal; and coal products," according to the order.
The move, which comes as Ukrainians strive to defend their country against a Russian invasion, will likely lead to even higher gas prices for Americans.
But while Ukrainians bravely fight an actual war, former California Gov. Jerry Brown, a Democrat who served four terms in office — including from 1975 to 1983 and from 2011 to 2019 — told the Associated Press last week that "climate is like war."
"It's true that the Russians are earning money from oil and gas, but to compound that problem by accelerating oil and gas in America would go against the climate goals, and climate is like war: If we don’t handle it, people are going to die and they’re going to be suffering. Not immediately, but over time," Brown said, according to the outlet.