SB 873 would put local law enforcement into no-win scenario, Shannon Dicus writes
“SB 873 places county sheriffs in an impossible position, creates direct conflict with federal law, exposes counties to significant liability, and undermines public safety,” Dicus wrote in a March 26 letter to Reyes in which he expressed “strong opposition” to the bill.
In an emailed statement, Reyes said her bill “is grounded in well-established constitutional law and does not interfere with federal enforcement conducted with a judicial warrant — it simply ensures Californians can safely access our state courts.”
“Making Californians apprehensive to attend legal proceedings does not make our communities safer,” the senator said.
“It undermines public safety and deters victims and witnesses from coming forward — something even California Supreme Court Justice Patricia Guerrero has warned weakens the administration of justice. SB 873 protects due process and keeps our courts focused on justice, not fear.”
Reyes’ bill is meant to curb the recent nationwide practice of federal immigration officers, notably from U.S. Immigration and Customs Enforcement, arresting suspected undocumented immigrants outside courtrooms or courthouses after legal proceedings.
Federal officials say courthouse arrests are an effective and efficient tool for safely detaining people. Critics argue the practice — often done in front of arrestees’ families — is cruel and discourages people from using the legal process.
The San Bernardino Superior Court branch in Rancho Cucamonga has been the site of ICE arrests.
According to published reports and the Inland Coalition for Immigrant Justice, ICE officers on Friday, April 10, arrested three men outside that courthouse, and a CBS LA reporter said she witnessed five ICE officers arresting a man in the courthouse parking lot in November.
If enacted, SB 873 would require federal officers to have a warrant signed by a judge before they could arrest someone within 1,000 feet of a state courthouse.
The bill “also reinforces protections for individuals traveling to, attending or leaving court proceedings for lawful purposes,” a news release from Reyes’ office states.
In his letter, Dicus wrote that SB 873 violates the Constitution by attempting to regulate “how federal officers perform their duties … such regulation is impermissible.”
The bill also puts sheriff’s deputies, who are responsible for courthouse security, in a difficult position, Dicus wrote.
The bill “forces deputies into a binary choice,” according to the sheriff.
If they try to stop a courthouse arrest, deputies run the risk of breaking federal law, Dicus wrote. If they don’t intervene, deputies could be sued civilly under the bill, he added.
