California will resist Trump plans

Legislators in California, which has more undocumented immigrants than any other state, say they will expedite passing bills to protect them and to prevent local law enforcement from assuming immigration-related duties following President Donald Trump's announcing tough new immigration-enforcement policies.

Trump on Wednesday signed two executive orders directing the construction of a border wall with Mexico, add lockups for detaining immigrants who cross the border illegally, enhance enforcement powers for border agents and strip federal funding to so-called sanctuary cities which don't arrest or detain undocumented immigrants.

"If the new president wants to wage a campaign of fear against innocent families, he can count us out. We will not spend a single cent nor lift a finger to aid his efforts," Kevin de León, California Senate president pro tempore and a Democrat, said at a press conference in response to Trump's actions.

As to the cutoff of federal funding, "that's a statutory decision, not an executive decision," de Len said. "He cannot force us, and we will not hesitate to fight him in Congress and settle the matter in court," he said.

More than 400 jurisdictions across the country have some sort of sanctuary policy. In California, about 40 jurisdictions have adopted the designation of sanctuary cities, including San Francisco and Los Angeles, offering political support or protections to people who are in the country illegally. The cities in California receive millions in federal funds, although much of it is from the tax dollars of local residents, Chan said.

Approximately 2.4 million of the state's 10 million immigrants are undocumented, according to the Department of Homeland Security.

Calling Trump's actions "counterproductive, divisive and unnecessary", de Len said the Democratic-controlled Senate will expedite passing his measure, the California Values Act (SB 54). The bill would ban state and local law enforcement officials from performing the functions of a federal immigration officer and prohibit state and local law enforcement, including school police and security departments, from using their resources for immigration enforcement.

An urgency clause has been placed on SB 54, which means that if the bill receives a two-thirds vote in both houses, and the governor signs the bill, it will go into effect immediately, said Angela Chan, policy director of Asian Americans Advancing Justice-Asian Law Caucus.

"In the meantime, as we await passage on this expedited schedule, we will enforce the Trust Act and the Truth Act, which are already California laws," said Chan, policy director of Asian Americans Advancing Justice-Asian Law Caucus.

The Trust Act, which was passed in 2013, limits local law enforcement from responding to Immigration and Customs Enforcement's (ICE) requests, to local law enforcement to hold people for extra time for the agency to pick up the individual.

The Truth Act, which was passed in 2016, requires local law enforcement to inform individuals in their custody about their right to refuse an interview by ICE agents.

"It's unlikely that Trump can really withhold all or most of these federal funds. Federal courts have stated that funding can't be withheld for a purpose unrelated to the purpose of the funding. For example, you can't withhold federal funding on housing in order to force a locality to do something on immigration," Chan said.

Withholding federal resources from sanctuary cities is unconstitutional, said Senator Hannah-Beth Jackson, chairwoman of the Senate Judiciary Committee.

"The new president must respect the 10th Amendment — he cannot force states and cities to participate in his plan to deport undocumented immigrants," she said. The 10th Amendment prevents the federal government from commandeering state and local governments by requiring them to enforce federal mandates, she added.

Supporters of Trump's executive orders said the federal cut in funding is an appropriate response for local jurisdictions that don't cooperate.

House Majority Leader Kevin McCarthy, a Republican, said, "Few things are more fundamental to a nation than a defined and protected border. The lack of security on our southern border is a threat to the safety of our homeland and the Obama Administration's catch-and-release policy was an affront to the rule of law. President Trump's actions are the right start to enforcing our laws and protecting our citizens."

Ira Mehlman, a spokesman for the Federation for American Immigration Reform (FAIR), told the San Jose Mercury News that, "There's very little reason why Congress should not include this sort of language in appropriations measures that restrict federal funding on the fact that these jurisdictions are obstructing federal immigration policy."