Migrant day laborers seek to defend California's sanctuary law

A group of migrant day laborers on Friday moved to join California officials in their defense of the state's sanctuary law. The matter is being challenged by the City of Huntington Beach in Santa Ana.

California and many of its cities and counties adamantly defend SB 54, known as the California Values Act, which prohibits law enforcement and other officials from helping the Border Patrol or Immigration and Customs Enforcement arrest and deport people in the country illegally.

However, some cities - Huntington Beach in this case - argue the law is unconstitutional because it compels the speech of the police department and city officials by forcing them to "turn a blind eye" to those who may be violating federal laws.

On behalf of the National Day Laborer Organizing Network, Eduardo Casas of the Mexican American Legal Defense & Educational Fund filed the motion and argued the community's interests to uphold the sanctuary law are not adequately represented by the existing state defendants.

The motion argues if the law is overturned, innocent members of immigrant communities would be subject to an increase of aggressive immigration enforcement that would likely end in deportation. The motion also argued such activity would likely discourage community members from reporting crimes and seeking law enforcement assistance.

"It's obvious that Huntington Beach just wants another bite at the apple, but the CVA [California Values Act] has already been upheld [in federal court] and by the 9th U.S. Circuit Court of Appeals," Casas said in a statement.

In 2018, Senior U.S. District Judge John A. Mendez ruled SB 54 did not violate the Supremacy Clause because it was not in direct conflict with laws requiring information sharing with immigration enforcement. That decision was affirmed by an appellate panel in 2019. U.S. v. State of California, 2:18-cv-00490 (E.D. Cal, filed March 6, 2018).

"Their complaint perpetuates unfounded allegations that undocumented immigrants do not pay taxes, drain public resources and drive crime rates when studies consistently find the opposite. Municipalities like Huntington Beach are trying to create a link between immigration status and propensity for crime where there is none," Casas added.

In response to the motion's filing, a public relations manager for Huntington Beach said in a statement that the city - along with pro bono assistance from America First Legal, founded in 2021 by a former senior advisor to President Donald Trump - will be "vigorously" opposing the labor group's bid to join the case.

"NDLON [The National Day Laborer Organizing Network] claims to have a right to intervene in this federal lawsuit because in its view, individuals in this country illegally have a 'right ... to be free from aggressive local enforcement of federal immigration law.' However, there is no right to be free from the enforcement of federal law," the city stated.

"Contrary to the specious arguments in its motion, neither NDLON nor persons living illegally in the United States have a legal interest in preventing the enforcement of federal law. America First Legal and the Huntington Beach City Attorney will vigorously oppose NDLON's motion to intervene."

The state, led by Department of Justice attorney Maria F. Buxton, was ordered by U.S. District Judge Sunshine S. Sykes on April 1 to respond to the lawsuit by the end of the month.

Huntington Beach is led by City Attorney Michael J. Vigliotta, who filed an amended complaint on March 5 that superseded the original January filing by then-City Attorney Michael E. Gates.

The amended complaint alleges Gov. Gavin Newsom and other state officials are trying to coerce local governments into participating in a scheme to subvert federal immigration laws. The amended challenges, among many, reference Newsom's approval in February that ok'd a fund of $25 million for anticipated legal challenges against the Trump administration.

Huntington Beach's counsel argued these plans "further commandeer local government to act in violation of U.S. Federal immigration laws in the near future" that conflicts with government operations. City of Huntington Beach et al. v. State of California et al., 8:25-cv-00026 (C.D. Cal., filed Jan. 7, 2025).