Judge allows Latino organization in Huntington Beach lawsuit challenging sanctuary law

A Latino civil rights organization can intervene in a lawsuit by the city of Huntington Beach challenging California’s sanctuary law.

In April, MALDEF (Mexican American Legal Defense and Educational Fund) filed its motion to intervene as a defendant on behalf of the National Day Laborer Organizing Network (NDLON), which advocates for laws that improve the lives of day laborers, migrants, and low-wage workers.  On Wednesday, U.S. District Court Judge Sunshine S. Sykes of the Central District of California  allowed NDLON to intervene, saying the rescission of the California Values Act (CVA), also known as the state’s “sanctuary law”, would affect “undocumented residents of California far more severely than the public or the State.”

The court will hold a hearing on Aug. 29 on the State’s motion to dismiss Huntington Beach’s complaint.

“It is proper for the federal courts, which are public bodies, to hear from those most directly affected by a city’s intention to engage in dangerous anti-immigrant behavior,” said Thomas A. Saenz, MALDEF president and general counsel. “The court’s rulings will be better informed because immigrants themselves are allowed to participate in a case like this one.”

In their motion to intervene, attorneys argued that NDLON’s work would be jeopardized by the repeal of the CVA, which limits the role of state and local police in federal immigration enforcement. According to attorneys, the erosion of these guardrails would increase aggressive efforts to deport NDLON’s members and other immigrants while making communities less safe, as immigrants would be less likely to seek help from law enforcement or to report crimes.

Huntington Beach sued the state of California, Gov. Gavin Newsom, and Attorney General Rob Bonta on January 7. At that time, the city claimed that the CVA forced the city to violate federal immigration law and the U.S. Constitution’s requirement that state law yield to federal law. Since filing the lawsuit, the Huntington Beach City Council has passed an ordinance declaring itself a “non-sanctuary” city. 

Huntington Beach is being represented by the America First Legal Foundation, which was founded by Donald Trump’s Deputy Chief of Staff, and the architect of his mass deportation plans, Stephen Miller. In May, America First Legal announced that it added Riverside County Sheriff Chad Bianco as a plaintiff.

MALDEF attorneys argued that the rise of anti-immigrant sentiment, abetted by the Trump administration’s aggressive push to round up and deport immigrants, makes it critical for an organization such as NLDON to defend the CVA’s protections. In her opinion, Judge Sykes cited the fraught relationship between the federal government and California, saying, “Considering the political realities of the State and federal government’s relationship, specifically with regards to immigration, there is a reasonable possibility the State could change its position on the CVA.” Because of that, she concludes that the intervenor may step in to help defend the law.

“NDLON holds a special position representing the interests of those with the most to lose in this case,” said Eduardo Casas, MALDEF staff attorney. “The Court’s decision recognized this as well as the fact that immigrants are significantly excluded from the political process and thus face unique barriers to ensuring political institutions are held accountable when they make promises. We are pleased to know that immigrant communities will have a seat at the table as this case progresses.”

This is not the first time MALDEF and NDLON have challenged a California city’s anti-immigrant position and come face-to-face with a majority-white city. 

In 2004, MALDEF and NDLON sued Redondo Beach, representing day laborers. The lawsuit challenged the city’s anti-solicitation ordinance as a violation of the First Amendment free speech rights of day laborers. It was illegal to stand on the sidewalk and approach a driver of a motor vehicle and ask for a job, business, or donation under the city's previous anti-solicitation law. The partnership won a critical victory in  “Comité de Jornaleros de Redondo Beach v. City of Redondo Beach” in 2012. 

“The Trump Administration is attempting to arrogate power in violation of bedrock constitutional rights by overwhelming courts and the legal system," said Chris Newman, NDLON legal director. “It’s an assault on the rule of law that must be met with vigorous confrontation by all those who share an interest in defending the basic civil and human rights which are now in peril.” 

Brenda Verano contributed to this story.