Attorney General Bonta Urges Court to Dismiss Challenge to California Law Limiting Use of State and Local Resources for Immigration Enforcement

OAKLAND – California Attorney General Rob Bonta filed a motion to dismiss Huntington Beach’s meritless lawsuit challenging Senate Bill (SB) 54 – also known as “the California Values Act” – which limits the use of state and local resources in federal immigration enforcement. The motion to dismiss contends that Huntington Beach lacks standing to challenge SB 54. Following a challenge from the first Trump Administration to SB 54, the U.S. Court of Appeals for the Ninth Circuit in 2019 upheld the California Values Act, holding that “SB 54 does not directly conflict with any obligations that [federal law] impose[s] on state or local governments.”  United States v. California, 921 F.3d 865, 887, 889 (9th Cir. 2019). 

“California made a choice when it passed SB 54: To use our resources to protect public safety and to maintain trust between law enforcement and the communities they serve.” said Attorney General Bonta. “But instead of focusing on this vital responsibility, Huntington Beach is attempting to relitigate settled law in a misguided attempt to divert its limited resources to federal immigration enforcement. I respectfully urge the court to dismiss this meritless lawsuit.”

In 2017, California enacted SB 54, also known as the California Values Act, declaring that a “relationship of trust between California’s immigrant community and local agencies is central to the public safety of the people of California,” that “[t]his trust is threatened when state and local agencies are entangled with federal immigration enforcement,” and that “[e]ntangling state and local agencies with federal immigration enforcement programs diverts already limited resources and blurs the lines of accountability between local, state, and federal governments.” Under SB 54:

• California law enforcement agencies are prohibited from investigating, interrogating, detaining, or arresting persons for immigration enforcement purposes;
• California law enforcement agencies may not allow officers to be supervised by federal agencies or deputized for immigration enforcement purposes;
• California law enforcement agencies may not enter into new contracts with the federal government to house or detain noncitizens in a locked detention facility for purposes of immigration custody; and
• California law enforcement agencies are prohibited from participating in joint law enforcement task forces where the primary purpose of the task force is immigration enforcement. 

Nothing in SB 54 prohibits a California law enforcement agency from investigating, detaining, or arresting individuals for criminal activity under state or federal law. SB 54 provides some exceptions for coordination with federal immigration enforcement, including but not limited to, transfers of individuals convicted of certain felonies and misdemeanors. 

In 2018, the first Trump Administration filed a lawsuit challenging the constitutionality of SB 54. On appeal, the Ninth Circuit affirmed that “California has the right, pursuant to the anticommandeering rule [derived from the Tenth Amendment], to refrain from assisting with federal efforts.” United States v. California, 921 F.3d at 873. When the Trump administration subsequently asked the U.S. Supreme Court to review that decision, the Court denied the request, leaving the Ninth Circuit’s decision and SB 54 in place.

In the motion to dismiss filed with the U.S. District Court for the Central District of California, Attorney General Bonta argues that the district court lacks subject matter jurisdiction over the case, including because Huntington Beach lacks standing under longstanding Ninth Circuit precedent holding that local governments may not challenge the validity of state statutes under federal law in federal court.  

Attorney General Bonta is committed to protecting, defending, and enforcing the rights of California immigrants. Following President Trump’s election, the Attorney General hosted a series of regional convenings with immigrant rights groups, elected officials, and others in Los Angeles, San Francisco, Sacramento, Salinas, and San Diego. He also released guidance to help California immigrants better understand their rights and protections under the law and to assist public institutions, law enforcement, and prosecutors in complying with SB 54 and other applicable state laws. More on the Attorney General’s work and the full set of resources are available at oag.ca.gov/immigrant/.  

A copy of the motion is available here.