Orange County Superior Court Judge James Crandell ruled that California’s law limiting police cooperation with ICE violates Huntington Beach’s status as a charter city under the state constitution. The ruling makes Huntington Beach and California’s other 120 charter cities exempt from complying with the state sanctuary law.
The California Constitution provides that cities may be organized under the general laws of the State or a charter adopted by the local voters. Cities that adopt their own charter are authorized to adopt their own procedures – e.g., ordinances or resolutions -- for matters concerning “municipal affairs.”
Huntington Beach, one of a number of cities that challenged the state sanctuary law, sued arguing the state can’t prohibit local police from notifying ICE about the release of illegal aliens in custody. Judge Crandell agreed saying the sanctuary law encroaches on the ability of local governments to implement policies they consider most appropriate. “The operation of a police department and its jail is a city affair,” Crandell said. “For the state to say one size fits all for policing isn’t going to fit everybody.”
Read more in the Los Angeles Times.
Updated: Fri, Oct 12th 2018 @ 12:15pm EDT