How the Golden State defies immigration law
‘I will hang the first man I can lay my hand on engaged in such treasonable conduct, upon the first tree I can reach.” That was President Andrew Jackson’s response to South Carolina’s intention to prevent enforcement of a federal law within the state. Despite his admiration for Jackson, President Trump hasn’t yet threatened to start hanging California politicians. But that state’s “sanctuary” policies protecting illegal immigrants and obstructing enforcement of federal immigration law echo the long-ago fight over nullification and states’ rights.
The passage of three sanctuary bills last year by the state legislature in Sacramento is now the subject of a lawsuit brought by the U.S. Department of Justice. It was the culmination of a decades-long process, as mass immigration transformed California’s politics from reddish purple to deep blue.
The first measure that could be described as a sanctuary provision was the Los Angeles Police Department’s Special Order 40, enacted in 1979, which prohibited officers from arresting a person for the federal crime of illegal entry and, unless he was arrested for another crime, from even inquiring as to legal status. But that order merely instructed police to abstain from involving themselves in immigration enforcement. In the 1980s, a more proactive conception of illegal-alien sanctuary spread, as Central Americans fleeing war in their homelands snuck into the U.S. but did not qualify for asylum.
At first, only some pro-Sandinista churches postured as sanctuaries for these illegal aliens. But in late 1985, Mayor (now Senator) Dianne Feinstein signed a resolution declaring San Francisco a “city of refuge” for illegals. She ordered that “City Departments shall not discriminate against Salvadorans and Guatemalan refugees because of their immigration status, and shall not jeopardize the safety and welfare of law-abiding refugees by acting in a way that may cause their deportation.” The declaration was followed four years later by a city law formally prohibiting city employees from assisting federal immigration authorities.