The Department of Homeland Security on Thursday published a list of hundreds of so-called sanctuary jurisdictions, including San Diego County and several cities in the area, demanding they revise their policies on immigration enforcement.
Some elected officials representing those jurisdictions in the San Diego area said it was unclear why they were included on the list, urging the federal government to take them off.
The list includes the state of California, San Diego County and the cities of San Diego, Vista, Chula Vista and Santee, among hundreds of other jurisdictions nationwide.
It says the jurisdictions “are deliberately and shamefully obstructing the enforcement of federal immigration laws endangering American communities,” adding they will each receive formal notification of “non-compliance with federal statutes,” though it does not list specific consequences or actions to be taken.
“Not terribly surprised to see a lot of California jurisdictions, including San Diego, on it, although still trying to figure out the criteria that was used to define sanctuary city,” San Diego City Attorney Heather Ferbert said, noting San Diego has never adopted a so-called sanctuary policy.
“We suspect this is going to be used as additional threats and fear tactics to threaten federal funding that the city relies on,” Herbert continued.
She pointed to a lawsuit the city joined earlier this year to stop President Donald Trump’s administration’s threat to withhold federal dollars from jurisdictions that do not actively assist in immigration enforcement, which is a federal responsibility. A judge ordered an injunction protecting the parties in that suit in April.
“I don’t know what’s in the mind of whoever wrote this list,” Ferbert said. “From my perspective, it looks like it was thrown together as a fear tactic.”
A spokesperson for Mayor Todd Gloria’s office said in a statement that the city has “more questions than answers” as to why it was included on the list and has not received any direct communication from the federal government.
“It's really not clear what this list means, where it comes from or how it was formed, or really what the consequences of being on this list ultimately will be,” said immigration attorney Andrew Nietor. “Because for now, it's just a list.”
Nietor said he too believed it was part of the Trump administration’s effort to pressure jurisdictions to help in federal immigration enforcement.
“What the administration is trying to do is really pressure these jurisdictions to take on additional responsibilities and duties and expenses of engaging in federal immigration enforcement, which they are not required to do,” Nietor said.
He pointed to legal precedent — a federal court ruling against the administration in Trump’s first term — but noted the list could have a chilling effect.
“A lot of these jurisdictions, cities, counties are cash strapped. And they might be thinking, 'Well, ultimately we might have the law on our side and ultimately we might prevail. But how much is this going to cost us in legal fees, in litigation, or in just those federal funds that might initially be withheld and it might be a while before they're placed back in the pipeline?'" he said.
“It’s a total mistake. Vista should not be on the list,” Vista Mayor John Franklin said.
He pointed to a resolution he passed in June 2018 opposing California’s Senate Bill 54, the 2017 state law limiting state and local law enforcement’s cooperation in immigration enforcement.
“Vista is on record opposing sanctuary policies, and we were specifically, by action of our council and by my leadership, not a sanctuary city. So we’re going to have this cleared up,” Franklin said.
Franklin sent a letter to Trump on Friday requesting the city’s removal.
“We were surprised to learn that Santee was included,” the city of Santee posted on social media Friday. “This designation was unexpected & we were not informed prior to release. We’re actively reviewing the matter to understand the basis for our inclusion & will share more info as soon as we can.”
"Chula Vista is not a sanctuary city,” Chula Vista Mayor John McCann said in a statement. “I oppose sanctuary jurisdictions, the policy hampers working with federal law enforcement to combat fentanyl and human trafficking.”
San Diego County Board Supervisor Jim Desmond said he wasn’t surprised by the state or the county’s inclusion.
“I think it's a wakeup call to the communities that are claiming to be and still are sanctuary communities,” Desmond said. “This is a consequence.”
California Gov. Gavin Newsom’s office sent a letter to DHS Secretary Kristi Noem on Friday, requesting that the state be removed from the list, citing a 2019 federal appellate court ruling upholding SB 54.
"California law does not prevent or interfere with the federal government doing its job with federal resources,” his office said."
"California has never hidden the fact that we have chosen to focus our resources on public safety – not federal immigration enforcement," California Attorney General Rob Bonta said in a statement.
"The bottom line is this: The Trump Administration cannot bully or intimidate state and local law enforcement into doing the federal government’s job for it, as it is attempting to do with the publication of this list. Federal courts have already ruled that our state law, the California Values Act, is a lawful exercise of state authority under the 10th amendment and does not conflict with federal immigration law," Bonta continued.