Federal Law and Sanctuary Policies
As outlined in AFL’s letters, the Supremacy Clause of the U.S. Constitution dictates that federal law supersedes state and local regulations. Under 8 U.S. Code §1324, harboring or shielding undocumented individuals is a federal felony, while 18 U.S. Code §372 criminalizes conspiracies to obstruct federal officers. Public officials enforcing sanctuary city policies could face both charges.
“To impede a federal law enforcement officer is a felony, so don’t cross that line,” warned Tom Homan, Trump’s incoming border czar and former acting director of U.S. Immigration and Customs Enforcement (ICE). He emphasized that a robust Department of Justice led by Attorney General nominee Pam Bondi will ensure compliance through criminal prosecutions.
California’s Defiant Stance
California has long been a symbol of resistance to federal immigration enforcement. Attorney General Rob Bonta doubled down on his commitment to sanctuary policies by scheduling a webinar on January 10th to guide undocumented individuals on circumventing deportation risks. Bonta defended Senate Bill 54, which limits state and local cooperation with federal immigration authorities.
“California will continue to comply with all applicable state and federal laws,” Bonta said in a statement. “We will not allocate state resources to support mass deportations.”
However, AFL’s letter to Bonta sharply criticized his actions, asserting, “This rhetoric illustrates the state’s intent to blatantly violate federal law,” and warned of the significant personal risks for officials.
Governor Gavin Newsom’s outspoken opposition further escalates tensions. Newsom vowed, “California will not be intimidated. We’ll fight for our values and protect our immigrant communities.”
