On March 22, 2017, HSPRD filed an amici curiae (friends of the court) brief on behalf of a group of police chiefs and sheriffs from jurisdictions across the country in support of the County of Santa Clara’s lawsuit challenging Executive Order 13768, that threatens to penalize so-called “sanctuary cities” for policies that limit local law enforcement of federal immigration laws by withholding federal funds. The case, County of Santa Clara v. Trump, Case No. 5:17-cv-00574, is pending in the Northern District of California.
In the brief, amici demonstrate that compelling local law enforcement to take part in federal immigration enforcement will threaten public safety by undermining community policing efforts, decreasing reporting of crime and cooperation with police by immigrant communities, and forcing reallocation of limited resources from effective public safety efforts. Immigrant victims of crime and domestic violence, in particular, will face increased safety risks. Amici also highlight the harm that will come from the Executive Order’s attempt to coerce local law enforcement to comply with ICE detainers, requests from ICE to hold an individual in local custody to allow ICE to take the individual into federal custody. Federal courts across the country have held that the detention of individuals under ICE detainers who otherwise would be released from custody violates the Fourth Amendment of the United States Constitution. Amici argue that enjoining the Executive Order is necessary to prevent municipalities from engaging in a practice that would likely result in widespread constitutional violations and substantial civil liability or risking loss of federal funding.
Read the brief.