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The battle between Huntington Beach and California over the state’s sanctuary law continues.
On Thursday night, Nov. 8, the California Department of Justice filed a “notice of appeal” in Orange County Superior Court regarding a judge’s ruling in favor of Huntington Beach. It’s the first step before the case goes to the California Court of Appeal.
On Sept. 27, Superior Court Judge James Crandall decided Huntington Beach could ignore California’s contentious “sanctuary state” law, Senate Bill 54.
In April, Huntington Beach City Attorney Michael Gates filed a lawsuit against the state claiming that SB 54 unconstitutionally interferes with the city’s charter authority to enforce local laws and regulations.
Signed into law last year, SB 54 limits interaction between local law enforcement and federal immigration officials — with exceptions, including cases that involve violent or “serious” felonies.
“The safety and general welfare of 40 million Californians depend on the smart, fair and consistent enforcement of our state laws,” Attorney General Xavier Becerra said in a statement about the notice of appeal. “A patchwork of enforcement would undermine the rule of law and breed uncertainty.”
Huntington Beach is one of 121 charter cities in California, a designation decided by voters. Charters accord greater control over municipal affairs.
At the September hearing, supervising Deputy Attorney General Jonathan Eisenberg claimed that charters do not give cities a “get out of jail free card,” and are subject to the same state laws as “general law cities” on matters considered to be of “statewide concern.”
Gates argued that a subsection of the state constitution gives charter cities control over running their own police forces.
Since the lower court ruling could affect other charter cities, as well, Gates said, “We expected the state might file an appeal.”
Crandall also was slated to hear the lawsuit filed by ACLU against Los Alamitos, which approved an ordinance opting out of SB 54 in April. On Oct. 30, the judge approved the ACLU’s request to put the suit on hold until appeals have been exhausted in the Huntington Beach case.
“We have to stand up for our city and the community’s rights,” Gates said, “and we will hold Sacramento accountable for passing unconstitutional laws.”
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