Right now, California’s southern border is back in the spotlight as a hotbed of debate over immigration policies, especially regarding how much local leaders can do to shield individuals from deportation. Just recently, San Diego County took steps to enhance protections for undocumented residents.
However, this move has sparked a reaction from an organization led by Stephen Miller, an advisor to President-elect Donald Trump. They sent out a letter warning that local officials and employees in sanctuary areas could face criminal charges if they obstruct federal immigration efforts.
In their letter dated December 23rd, America First Legal Foundation pointed out San Diego County as a sanctuary jurisdiction allegedly breaking federal law.
They also mentioned that they’ve pinpointed 249 elected officials in these sanctuary areas who might be at risk of legal repercussions due to their immigration policies. Similar warnings were issued to California’s Attorney General and Los Angeles Mayor Karen Bass too!
The letter hints that officials in sanctuary cities might face civil liability under federal anti-racketeering laws. With Trump promising to launch the biggest mass deportation effort in U.S. history, San Diego’s board of supervisors took action on December 12 by implementing a policy that prevents local law enforcement from sharing information with immigration authorities about undocumented individuals in local jails unless they have a judicial warrant.
This new ordinance in San Diego goes even further than California’s current state sanctuary law, which merely restricts cooperation between local police and federal Immigration and Customs Enforcement (ICE).
Under the state law, jailers can only inform ICE about non-citizen inmates who are set to be released if those individuals have committed one of around 800 serious offenses. Interestingly, state prison officials still regularly share information with ICE regarding people in their custody, including U.S. citizens, as public records reveal.
However, San Diego County’s decision faced quick opposition; Sheriff Kelly Martinez, the county’s top law enforcement officer, stated she wouldn’t adhere to the new policy and would keep allowing immigration authorities access to jail inmates.
The American First Legal Foundation recently reached out to Nora Vargas, the chair of the San Diego County Board of Supervisors, just a few days after she resigned due to safety concerns—only weeks after winning her second term.
The letter points out that federal law is pretty straightforward: undocumented immigrants can be removed from the U.S., and it’s illegal to hide or protect them from authorities. It also mentions that obstructing federal officials from doing their job regarding immigration laws is against the law.
Vargas forwarded any inquiries about this letter to a spokesperson, who hasn’t commented yet. Born in Tijuana, Vargas has always been an advocate for asylum seekers and immigrants.
She made history as the first immigrant and Latina on San Diego’s board of supervisors when she was elected in 2020, flipping a seat that had been held by Republicans for decades.
Meanwhile, representatives from Trump’s transition team haven’t responded yet about whether there will be any legal actions against local officials in sanctuary cities. Trump has appointed Miller as his deputy chief of staff for policy and homeland security advisor.
California is gearing up for some legal showdowns with the Trump administration.
State officials are seeking $25 million from the Legislature during a special session called by Gov. Gavin Newsom last month. This funding is intended to support legal battles with the incoming administration over various issues, including immigration.
According to a statement from Attorney General Rob Bonta’s office, this move is nothing more than a scare tactic in response to America First’s letter.
While they can’t delve into the specifics of that letter, they want to emphasize that SB 54 was upheld by the courts during Trump’s first term and it restricts state and local resources from being used for federal immigration enforcement, with only a few exceptions.
However, it’s important to note that SB 54 doesn’t stop federal agencies from carrying out their own immigration enforcement.
California remains committed to following all relevant state and federal laws, and expects local law enforcement agencies to do the same.
Democratic state Senate leader Mike McGuire from Healdsburg criticized the proposed immigration policies of the incoming administration as harsh and harmful to California’s economy.
He pointed out that during Trump’s previous presidency, California faced numerous legal challenges but often came out on top—his office didn’t receive any letters regarding this issue but he assured that they’ll be ready for whatever comes next.
California has many major cities with policies designed to limit collaboration between local police and federal immigration authorities.
Supporters argue these policies help immigrants feel safer when reporting crimes or working with police without fearing deportation. For instance, Los Angeles passed a sanctuary city ordinance shortly after Trump’s election last November.
When asked about America First’s letter, Zach Seidl, spokesperson for Mayor Karen Bass of Los Angeles, disagreed strongly with its claims about public safety and legality.
He stated that sanctuary policies undermine American democratic values and show blatant disrespect for both the Constitution and citizens. James Rogers, senior counsel at America First Legal, echoed this sentiment by asserting that leaders in sanctuary jurisdictions need to be held accountable for their actions.
Trump has previously gone after sanctuary cities in California.
California’s sanctuary law, which was enacted by former Governor Jerry Brown back in 2017, limits how local sheriffs can transfer detainees to federal immigration authorities and also stops police from inquiring about a person’s immigration status.
This legislation, known as Senate Bill 54, does allow for exceptions when it comes to state prisons, where individuals who have served their time can be sent to Immigration and Customs Enforcement (ICE) for deportation processes.
During the Trump administration, advisers like Stephen Miller considered applying federal pressure—like cutting off funds—to areas that wouldn’t work with federal immigration officials.
They even attempted to challenge California’s sanctuary law in court but were turned down by the Supreme Court in 2020. In 2018, there were talks of criminal charges against politicians from cities with sanctuary policies, but nothing ever came of it.
Sanctuary jurisdictions that refuse to adhere to federal immigration laws are technically acting against the law. The America First letter points out that these jurisdictions can’t force their employees to break federal immigration rules either.
However, Ahilan Arulanantham from UCLA’s Center for Immigration Law and Policy argues that claiming these sanctuary policies are akin to hiding fugitives is misguided. He points out that simply not asking someone about their status or choosing not to share such information doesn’t equate to harboring anyone.
For Trump’s goal of increasing deportations more than any previous president, he would need local officials on board. According to the Immigrant Legal Resource Center—a nonprofit focused on immigrant rights—about 70% to 75% of ICE arrests happen because local jails or other law enforcement agencies hand over individuals.
Since 2019 alone, California’s prison system has transferred over 5,700 immigrants who had completed their sentences over to ICE.
Earlier this year, San Diego saw a significant rise in unauthorized border crossings which put a strain on local resources; in April alone, around 37,370 people crossed into the San Diego sector—most surrendering at Border Patrol checkpoints seeking asylum.
This spike made San Diego the busiest crossing point in the country for a few weeks during early 2024 according to federal records. However, after new asylum restrictions were introduced by the Biden administration in June, those numbers fell sharply.