Editor’s note: This story has been updated since its initial publication to include additional comments from the U.S. Department of Justice.
(The Center Square) — After California received a letter from U.S. Attorney General Pamela Bondi on sanctuary policies, Gov. Gavin Newsom’s office responded by reminding Bondi of the state’s right to refrain from assisting federal immigration enforcement.
The Democratic governor’s office also cited the ethical standards attorneys licensed to practice in California must follow.
Bondi sent a letter to various states and cities on Aug. 13, threatening to criminally prosecute state and local officials who “use their official position to obstruct federal immigration enforcement efforts and facilitate and induce illegal immigration,” according to a press release from Newsom on Tuesday.
Bondi also said the Department of Justice determined California engages in sanctuary policies that prevent federal immigration enforcement from accomplishing the interests of the United States. Bondi’s comments were mentioned in a letter Newsom’s office wrote on behalf of the governor to Bondi on Tuesday.
Newsom told Bondi it would be “improper” for the federal government to punish state or local officials for following California’s laws because in United States vs. California, the U.S. Court of Appeals for the Ninth Circuit decided states have the right, under the 10th Amendment and its anti-commandeering rule, to refrain from assisting with enforcement of federal immigration laws.
Newsom also told Bondi in his letter that California’s Rules of Professional Conduct “generally prohibits lawyers from bringing a claim or asserting a position in litigation without probable cause and for the purpose of harassing or injuring a person.” That means if the courts decide to punish a state or local official for a conduct it has already decided to be lawful — conducts Bondi’s letter threatened — California licensed attorneys run the risk of violating their ethical obligations.
“The courts have reaffirmed the validity of California’s laws time and again,” Newsom said in the press release. “This is yet another attempt by the federal government to pressure states into bending the knee and accepting their authoritarian tactics. We will not be bullied into relinquishing our sovereignty.”
The governor said California law does not get in the way of criminal investigations or sharing of information about an individual’s criminal history.
Newsom also said California law does not get involved with the federal government’s authority to enforce immigration policies using federal resources, adding that California law prioritizes public safety and works with ICE to deport convicts who threaten public safety.
According to Newsom’s press release, since 2019, the California Department of Corrections and Rehabilitation has coordinated with ICE on more than 11,300 cases, some of which involved individuals convicted of murder, rape, child molestation and other felonies.
Newsom said, however, he does not support the Trump administration’s use of federal agents and military in local areas, claiming it is illegal. Therefore, he believes under California law, state and local officials have the right to push back against Trump’s efforts.
Newsom ended his letter requesting Bondi do two things: Submit a response by Aug. 24 that shows the attorney general understands her threat is improper under California law, and to tell the U.S. Department of Justice attorneys that any member of the California State Bar who follows Bondi’s orders is subject to an ethics complaint.
The Center Square reached out Wednesday afternoon to the U.S. Department of Justice for a comment on Newsom’s letter. The department’s Office of Public Affairs responded by citing Bondi’s previous comments on various media platforms.
“Sanctuary policies impede law enforcement and put American citizens at risk by design,” Bondi said in a press release. “The Department of Justice will continue bringing litigation against sanctuary jurisdictions and work closely with the Department of Homeland Security to eradicate these harmful policies around the country.”
The DOJ also cited President Donald Trump’s April 28 executive order, which said some state and local officials have “used their their authority to violate, obstruct, and defy the enforcement of Federal immigration laws.”
And the DOJ cited its suit against the city of Los Angeles over its sanctuary city policies, as previously reported by The Center Square.
“The Los Angeles Ordinance and other policies intentionally obstruct the sharing of information envisioned by Congress, thereby impairing federal apprehension and detention of removable aliens, including dangerous criminals, as required by federal law,” the Department of Justice wrote in the lawsuit.
