The panel ruled that AB 450’s employee-notice provision does not burden the federal government and does not contradict federal activities.
However, the panel determined that AB 103’s subsection codified at California Government Code section 12532(b)(1)(C) is “unlawful under the doctrine of intergovernmental immunity.” The appeals court said that section of the law “discriminates against and impermissibly burdens the federal government.”
The panel denied Trump administration’s attempt to annul SB 54—the core of California’s sanctuary policies. It concluded that “any obstruction caused by SB 54 is consistent with California’s prerogatives under the Tenth Amendment and the anticommandeering rule.”
“SB 54 may well frustrate the federal government’s immigration enforcement efforts. However, whatever the wisdom of the underlying policy adopted by California, that frustration is permissible, because California has the right, pursuant to the anticommandeering rule, to refrain from assisting with federal efforts.
