The City of Huntington Beach is calling the California Supreme Court's refusal to review an appellate court's January reversal of its trial court victory over sanctuary state law tragic.
As previously reported, the sanctuary state law, also known as the 2017 California Values Act, bans state and local authorities from asking people who have been arrested whether they are immigrants unless they have been charged with serious crimes. It also prevents state and local police from informing federal agents when an immigrant is released from jail.
"Now the lower court ruling stands, which opens the floodgates for the State to legislate and control every aspect of local governance," said Michael E. Gates, city attorney
with the City of Huntington Beach, which is a charter city whose charter provides for complete control over its police department. "This is tragic for the rule of law and for local control efforts."
The Huntington Beach City Council had sued the state of California because it did not want to be restricted in its police collaboration with federal immigration agents, arguing that the city did not have to abide by the state law because the state constitution gives charter cities more authority to impose laws that may take precedence over state law, according to media reports.
At the start, an Orange County Superior Court judge ruled in favor of Huntington Beach's lawsuit challenging California’s sanctuary state law however the 4th District Court of Appeals overturned it and on April 1 the California Supreme Court declined to review the appellate court's reversal.
The 4th District Court of Appeal's opinion states that the sanctuary law does require charter cities to comply because it addresses matters of statewide concern, such as public safety, health, effective policing and protection of constitutional rights.
"This case, in particular, set the table for the Supreme Court to resolve a number of unanswered issues relating to State versus local control," Gates told the Southern California Record. "It's too bad that with now so much uncertainty, the State will continue to erode local City control."
When the California Supreme Court declines to review a case, it leaves the parties no recourse except to petition for a rehearing or appeal directly to the Supreme Court of the United States, however the Huntington Beach City Council must vote before it can appeal.