Ferguson, 10 other attorneys general, file briefs supporting cities and counties fighting Administration
OLYMPIA — Attorney General Bob Ferguson has joined nine states and the District of Columbia in urging a federal judge to deny the Trump Administration’s request to dismiss three California cases challenging its executive order threatening “sanctuary jurisdictions.”
Ferguson argues that the administration should not force local law enforcement to help it carry out federal immigration policy at the expense of efforts to promote public safety in their own communities.
The President issued the executive order in January, threatening federal grant money for localities that the government classifies as “sanctuary jurisdictions.” The executive order failed to provide a clear definition of “sanctuary jurisdictions.” The briefs were filed in support of lawsuits filed by the city and county of San Francisco, Santa Clara County and the City of Richmond challenging the President’s order as unconstitutional and unlawful.
U.S. District Court Judge William Orrick granted a preliminary injunction in April, blocking implementation of the enforcement provisions of the order until the lawsuits can be heard before the court. In issuing the injunction, Judge Orrick found that the California jurisdictions were likely to prevail in their challenge.
Before Judge Orrick issued the injunction, the City of Seattle was among several others nationwide to file a similar suits. On June 26, the City of Portland joined Seattle’s challenge to the executive order. The case is pending in the U.S. District Court for the Western District of Washington.
In May, United States Attorney General Jeff Sessions issued a memorandum attempting to narrow the scope of the executive order. Sessions limited the definition of “sanctuary jurisdictions” to localities that “willfully refuse to comply” with federal law. He also stated that only grants administered by the departments of Justice and Homeland Security would be in jeopardy for designated jurisdictions.
The administration has not appealed Judge Orrick’s injunction. Instead, it has asked the judge to dismiss the lawsuits altogether, based largely upon the Sessions memo.
“Not one word of the executive order has changed since the court issued the injunction, regardless of Attorney General Sessions’ attempts at clarification,” Ferguson said. “President Trump’s executive order is an unconstitutional attempt to usurp local control of law enforcement.”
The brief argues that public safety is enhanced when all residents feel safe reporting crimes to law enforcement.
“Lawful policies that avoid entanglement between local police departments and the enforcement of federal immigration laws can improve public safety — allowing local agencies to focus their limited resources on fighting serious and violent crimes, and encouraging greater cooperation with law enforcement by immigrants and their family members,” the attorneys general argue in amici (friend of the court) briefs filed late Wednesday in the U.S. District Court for the Northern District of California.
The brief also argues that, regardless of Sessions’ memo, the executive order places ambiguous, inappropriate conditions on billions of dollars of federal grant funding. Due to those conditions, the states agree with Judge Orrick’s injunction ruling that the executive order is unconstitutionally coercive.
“The threat of losing that funding can have a profoundly coercive effect on the actions of state and local governments — especially when the funds support critical or urgent programs, such as disaster response efforts,” the attorneys general argue.
In April, Ferguson released extensive guidance for local governments on protecting the rights of all Washington residents, and the limits of federal immigration authority. The guidance addresses local law enforcement, jails, public hospitals, schools and employers, as well as interactions between local jurisdictions and federal authorities.
Ferguson also issued a joint report with five other attorneys general in May debunking the Trump Administration’s legal and public safety claims against cities and towns that choose to limit their participation in the most aggressive forms of federal immigration enforcement. The report was prompted by inaccurate information published by the federal government in weekly reports mandated by the executive order.----press release issued June 29th
http://www.atg.wa.gov/news/news-releases/ag-cases-challenging-sanctuary-executive-order-must-go-forward
Related story from the DOJ: Statement by Attorney General Jeff Sessions on Kate’s Law and the No Sanctuary for Criminals Act
Attorney General Jeff Sessions today issued the following statement regarding Kate’s Law (H.R. 3004) and the No Sanctuary for Criminals Act (H.R. 3003):“I urge the House of Representatives to pass Kate’s Law and the No Sanctuary for Criminals Act right away.
“President Trump is committed to the rule of law and public safety, and it is the responsibility of the Department of Justice to enforce that law to keep people safe.
“Countless families and communities have suffered as a result of these ‘sanctuary’ policies, which undermine federal law by safeguarding criminal illegal aliens from federal law enforcement. One victim of these policies was Kate Steinle, who was killed by an illegal alien who had been deported five times and yet still walked the streets freely. Her death was preventable, and she would still be alive today if only the City of San Francisco had put the public’s safety first. How many more Americans must die before we put an end to this madness?
“Violent, transnational gangs like MS-13 take advantage of these policies in order to smuggle in drugs, recruit new members from our schools, and pillage and plunder our communities. Closing these loopholes in our laws must be a priority if we are to make America safe from these dangerous transnational organizations.
“Americans demand that these ‘sanctuary cities’ stop protecting criminals and start protecting law-abiding residents from danger. It should come as no surprise that a Harvard University report found that 80 percent of Americans believe that cities that arrest illegal aliens for crimes should be required to turn them over to federal immigration officials.
“Kate’s Law and the No Sanctuary for Criminals Act would penalize criminal illegal aliens who break our laws and the jurisdictions that attempt to shield them from justice. These bills can restore sanity and common-sense to our system by ending abusive attempts to undermine federal law, and they can prevent future tragedies by empowering law enforcement.
“I urge the House of Representatives to put the American people first before another family loses their child.”----press release issued June 28th
https://www.justice.gov/opa/pr/statement-attorney-general-jeff-sessions-kate-s-law-and-no-sanctuary-criminals-act
NEWS NOTEBOOK
THE OLYMPIAN: Budget deal must be signed into law by midnight to prevent government shutdown
A $43.7-billion budget deal that has been in the works for the past six months was released to the public early Friday morning, less than 24 hours before it must be signed into law to stop a partial shutdown of state government.
http://www.theolympian.com/news/politics-government/article159016509.html
Inslee says 'historic budget' will fully fund schools for first time in decades
Statement from Gov. Jay Inslee on budget to be voted on today:
“When I rolled out my budget proposal in December, I said that I would judge the success of this session on two things: whether we fully fund education and do so without cutting services that protect the health and safety of vulnerable Washingtonians and families. This budget does both.
“This is a historic budget that I believe fully funds our schools for the first time in decades and will meet our constitutional obligations. In addition, we are creating a new department of children, youth and family services, and making significant new investments in transforming our mental health system. This budget fully funds the collective bargaining agreements for hard-working state employees and protects crucial safety net services.
“As I have said, a split Legislature means compromises are necessary and neither side will get everything it wants.
"My staff and I are still reviewing the budget proposal, and I urge legislators to send it to my desk as soon as possible to ensure no further disruption to state services as we enter the final hours before today's deadline."---press release issued June 30th
http://www.governor.wa.gov/news-media/inslee-says-historic-budget-will-fully-fund-schools-first-time-decades
More news continued on page 2
