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Another "Sanctuary" Law Declared Unconstitutional

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California's package of state "sanctuary" legislation is a three-legged stool. We at CJLF believed that one of the three violated the federal constitution and supported the federal government's suit to have it enjoined. That injunction was granted July 5. See this post the following day.

Yesterday, Orange County Superior Court Judge James Crandall knocked out a second leg. He enjoined enforcement of SB 54 against objecting charter cities on state constitutional grounds, Priscilla Vega reports for the LA Times.

Senate Bill 54, authored by state Senate leader Kevin de León (D-Los Angeles), in many cases prohibits state and local police agencies from notifying federal officials about the impending release of immigrants in custody who may be deported.
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Crandall said SB54 infringes on local governments' authority to practice policies they know are appropriate for themselves. Cities have a "better view and better ability" to oversee their needs in certain areas, he added.

Though the state may have had good intentions, Crandall said, there are "constitutional protections" for cities from the "ever-extending tentacles" of state rule.

I have not yet been able to get the text of the decision.

Of course, the ruling of one superior court is not the last word. I expect this issue is headed for the California Supreme Court.

In the federal case, Judge Mendez found that the same provision does not violate the federal constitution, which could set up a circuit split on the subject. See the previous post. However, if the provision is shot down on state law grounds, that would moot the federal question.

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