The U.S. Department of Justice demanded that jurisdictions with sanctuary laws identify steps to end policies the DOJ says impede federal immigration enforcement. California's governor's office responded that a court previously upheld the state's right to refrain from assisting federal immigration efforts and that the Trump administration lost prior litigation over the matter. The Ninth Circuit has held that California limits on coordination with federal immigration enforcement do not directly conflict with federal statutes. The governor's office warned that DOJ attorneys licensed in California who threaten or initiate prosecutions without probable cause may violate state ethical rules and face complaints.
It is now settled law in the United States Court of Appeals for the Ninth Circuit that California law limiting law enforcement coordination with federal immigration enforcement activities does not directly conflict with any obligations that the (Immigration and Nationality Act) or other federal statutes impose on state or local governments,' wrote David Sapp, legal affairs secretary for the governor's office.
The letter went on to say that any DOJ attorney licensed in California who is involved in threatening or initiating criminal prosecution against California officials for upholding the state's law without probable cause would be violating their ethical obligations under California's Rules of Professional Conduct and may have an ethics complaint filed against them with the California State Bar.
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