County receives sanctuary letter warning from DOJ

Federal agency asks for response on whether county policies bar communication with federal immigration agents

Santa Clara County is among 29 jurisdictions nationwide to receive sanctuary warning letters from the U.S. Department of Justice Wednesday.

The letters say the department is concerned that the cities' and counties' policies may violate a federal law that bars local governments from preventing their employees from communicating with federal immigration agents.

Compliance with the law, known as Section 1373, is a condition of Justice Department grants to local governments under a program known as the Edward Byrne Memorial Justice Assistance Program.

The letters signed by acting Assistant Attorney General Alan Hanson ask the cities and counties to submit a response by Dec. 8 explaining whether they have "laws, policies or practices" that violate the law.

The letters also ask the recipients to state whether they would comply with the law if they receive a Byrne grant in the current fiscal year, which began on Oct. 1.

Attorney General Jeff Sessions said in a statement, "Jurisdictions that adopt so-called 'sanctuary policies' also adopt the view that the protection of criminal aliens is more important than the protection of law-abiding citizens and of the rule of law.

"I urge all jurisdictions found to be potentially out of compliance in this preliminary review to reconsider their policies that undermine the safety of their residents," Sessions said.

The county said its letter was addressed to board of supervisors President Dave Cortese hasn't accepted to received such a grant, county officials said in a statement issued Thursday.

Apparently, the federal government can't keep track of who received taxpayer money," Cortese said in a press release. "The County did not receive any Fiscal Year 2016 Byrne JAG funds, as DOJ well knows. We demand that the federal government immediately rescind its erroneous letter."

Earlier this year, the county filed a suit in federal court against President Donald Trump's executive order to withhold federal funding from cities and counties that don't comply with his administration's deportation orders. The court granted the county's request for an injunction that was upheld in July.

"Yesterday's letter is only the latest attempt by the Trump Administration to coerce and harass state and local governments," county counsel James Williams said in a press release. "Santa Clara County will continue to lead the fight to prevent this Administration from violating our Constitution."

Letters were also issued to seven other Bay Area jurisdictions: the cities of San Francisco, Berkeley, Fremont and Watsonville and Contra Costa, Monterey and Sonoma counties.

San Francisco City Attorney Dennis Herrera strongly disagreed with the Justice Department's analysis.

"San Francisco is in full compliance with federal immigration law," he said in a statement.

Herrera said the administration of President Donald Trump is making "novel and shifting interpretations" of the Section 1373 law, "going far beyond its text."

"The law means what it says, and we follow it," he said.

Herrera said San Francisco restricts other cooperation with immigration officials, but maintained that such local restrictions don't violate federal laws.

"This letter is the latest salvo in the barrage of Trump administration threats to sanctuary cities. The law is on our side, and we intend to beat back this threat, just like all the others before it," Herrera asserted.


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3 people like this
Posted by moi
a resident of Another Palo Alto neighborhood
on Nov 16, 2017 at 11:13 am


I think you could more clearly punctuate the following paragraph:

“Letters were also issued to seven other Bay Area jurisdictions: the cities of San Francisco, Berkeley, Fremont and Watsonville and Contra Costa, Monterey and Sonoma counties.”

6 people like this
Posted by Jonathan Brown
a resident of Ventura
on Nov 16, 2017 at 12:20 pm

What San Francisco enabled to take place against Kate Steinle was a disgrace and should never happen again. Law abiding, tax-paying immigrants and non-immigrants deserve the best efforts from law enforcement to keep us safe from immigrant and non-immigrant criminals. Pro-public safety does not equate to anti-immigrant, but that distinction seems lost on a lot of people. Sanctuary jurisdictions have not done enough to explain how their policies are living up to their promises. These jurisdictions should welcome the chance to respond to these letters and view it as an opportunity to explain their reasoning.

2 people like this
Posted by Resident
a resident of another community
on Nov 17, 2017 at 12:12 am

Most undocumented immigrants due there part when it comes to taking care of their families. Some do not, for those that have left there children and wives back in their country of origin with out financial help need to take care of their financial responsibilitys. Their wages need to be garnished and their AB 60 drivers licenses need to be revoked until they have met their moral/financial obligations . Back ground checks need to be made. After all, this is what is enforced for legal residents. Why is this enforced on legal tax paying citizens and not on others, that have broken the law?

After all, what is fair is fair.

Sorry, but further commenting on this topic has been closed.

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