One Northern California sheriff has said he will report illegal immigrants arrested for violent crimes to immigration officials, setting up a legal challenge to the state’s sanctuary laws.
Under California’s sanctuary laws, only those convicted for a limited list of declared serious or violent offenses — which does not include many serious and violent offenses, such as felony battery with serious bodily injury — can be transferred to federal Immigrations and Customs Enforcement for deportation upon release.
Amador County Sheriff Gary Redman’s office says that “adhering to SB 54 [California’s sanctuary law] would place him in violation of federal law,” referencing border czar Tom Homan’s claims that sanctuary cities and states violate U.S. Code, subsection 1324.
Redman said his department will not participate in roundups and will only focus on dangerous individuals.
“I want to be perfectly clear: My deputies will not be conducting immigration roundups or enforcing federal immigration law,” said Redman in a statement. “This approach is strictly reserved for the most dangerous offenders — those who pose a direct threat to the community I was elected to serve and protect.”
“In good conscience, I cannot tarnish my badge by allowing violent offenders to be released back into the community to prey on the innocent,” continued Redman. “No matter the cost, I will uphold my vow.”
California Attorney General Rob Bonta’s office issued updated guidance in December on public services and the state’s undocumented immigrants, and has maintained a policy of defending SB 54.
“My office will continue to use the full force of the law and every tool at our disposal to protect the rights of California’s immigrants,” said Bonta in his guidance.
In a statement to CalMatters on Redman, Bonta’s office defended the constitutionality of SB 54, saying federal courts have upheld it.
“Federal courts have upheld [SB 54] and have found it to not be in conflict with federal law,” said Bonta’s office. “We are closely monitoring law enforcement compliance with [California’s sanctuary law].”
In 2020, the Supreme Court declined to hear on a case against the law by the first Trump administration, allowing an earlier Ninth Circuit ruling to stand finding the law does not conflict with federal law.
