Leaders from Democrat-led states pushed back after the DOJ warned state and local officials of possible criminal liability over sanctuary policies.
Governors and mayors in several sanctuary jurisdictions pushed back this week against demand letters from U.S. Attorney General Pam Bondi warning of legal action and possible criminal charges for state and local officials who limit cooperation with federal immigration enforcement.
Bondi’s Aug. 13 letter to California Gov. Gavin Newsom said, “For too long, so-called sanctuary jurisdiction policies have undermined this necessary cooperation and obstructed federal immigration enforcement, giving aliens cover to perpetrate crimes in our communities and evade the immigration consequences that federal law requires.”
She added, “Individuals operating under the color of law, using their official position to obstruct federal immigration enforcement efforts and facilitating or inducing illegal immigration may be subject to criminal charges.”
In her letter, Bondi cited President Donald Trump’s April executive order directing the Department of Justice (DOJ) and federal agencies to identify sanctuary jurisdictions, pursue litigation, and examine conditions on federal funding going to those jurisdictions.
In a post on X, Bondi wrote, “Any sanctuary jurisdiction that continues to put illegal aliens ahead of American citizens can either come to the table or see us in court.”
She said the letters are a key step in a strategic effort “to eradicate sanctuary policies from California to New York.”
Earlier this month, the DOJ also released a list of sanctuary jurisdictions, defining them as endorsing “actions and policies that materially impede enforcement of federal immigration statutes and regulations.” The list includes 12 states, four counties, and 18 cities, including New York City, Los Angeles, Philadelphia, Seattle, and San Francisco.
Newsom’s office formally responded on Aug. 19, citing constitutional protections and attorney ethics rules.
“The last time around, the federal government sued—and lost,” wrote David Sapp, the governor’s legal affairs secretary, referencing the Ninth Circuit’s 2019 ruling in United States v. California. “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.’”
The letter said that prosecuting California officials for following state law would “flout the rule of law, as well as likely constitute malicious prosecution.”
“Any California attorney involved in threatening or initiating such a prosecution in California may therefore risk facing an ethics complaint to the California State Bar,” it stated.
Boston Mayor Michelle Wu cited the 10th Amendment at a news conference on Aug. 19.
“Today, we are here to say Boston will not bow down,” she said. “Today, we are here to say that Massachusetts will not be bullied.”
Seattle Mayor Bruce Harrell said in a statement to local outlet KIRO 7 News: “Immigration enforcement is the exclusive responsibility of the federal government. The City neither interferes with nor carries out those federal duties. We have received and are reviewing the latest letter from Attorney General Bondi and strongly disagree with its assertions.
“Our laws and policies protect the safety, privacy and constitutional rights of all Seattle residents while remaining compliant with applicable law. We remain committed to our local values, including being a welcoming city for all. We will continue to defend our residents and our rights—and we will not hesitate to do so in court.”
Oregon Gov. Tina Kotek said in a statement shared on X: “I will fight for the safety and prosperity of every Oregonian, from recent immigrants to people who have been here for generations. Threats like this undermine our values and our right to govern ourselves. We will not be bullied into doing the federal government’s job of immigration enforcement.”
The DOJ said its personnel have been instructed to “investigate incidents involving any such potential unlawful conduct and … where supported by the evidence, prosecute violations of federal laws.”
The DOJ did not respond by publication time to a request for comment on the state and local leaders’ responses to Bondi.
Joseph Lord contributed to this report.
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