EL CAJON, Calif. (KGTV) — El Cajon Mayor Bill Wells and the America First Policy Institute filed a lawsuit against California Attorney General Rob Bonta, arguing the state's sanctuary law forces local officers to choose between state and federal law.
El Cajon is suing Bonta over SB 54, the state law that prohibits local police from working with federal immigration enforcement.
Mayor Bill Wells and the America First Policy Institute announced the lawsuit outside City Hall, arguing that federal law supersedes state policy and that SB 54 puts local police officers in a difficult position.
"This might be one of the most important days of my life," Wells said.
The America First Policy Institute says the lawsuit is meant to resolve a fundamental legal question.
"To seek clarity on the precedents of law. What takes precedence, federal or state law?" said Mike Garcia, a former congressmember from Santa Clarita.
"What law should our police officers follow? Should they follow the laws of the United States of America or should they follow the laws of the state of California?" Wells said.
Last year, the El Cajon City Council voted to comply with federal immigration law to help remove people with violent criminal offenses — something state law already allows.
Around the same time, city officials say the Department of Homeland Security asked a city council member if El Cajon police could help conduct welfare checks on children in the city on its behalf. After the city asked the state, the attorney general's office advised against it in a letter, citing SB 54, and noted that the county already has a system in place to check the welfare of children and protect their privacy.
"I shouldn't have been surprised, but I was when the state said you cannot do welfare checks on children," said councilman Steve Globe.
A handful of people showed up on Wednesday to speak out against the lawsuit.
"It's an embarrassment to the city and to the name of El Cajon from somebody who's grown up here who is a native," one attendee said.
Wednesday afternoon, Bonta's office responded in a statement saying the following:
“El Cajon should prepare for another loss. There have been endless attempts to lie and gaslight the public about SB 54, but here’s the truth: anyone, regardless of immigration status, who commits a crime can be held accountable under California law. Period. SB 54 is a pro-public safety law that encourages witnesses and victims of crime to come forward and work with law enforcement. SB 54 has been upheld in court again and again, and we’re prepared to defend it from a baseless attack once more.”
This is not the first legal dispute between Bonta's office and El Cajon. Late last year, Bonta sued El Cajon for sharing license plate data with federal and out-of-state agencies.
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