California court of appeal: Orange County Beach City Cannot Opt Out of California Sanctuary State Law


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California is a self-declared "sanctuary" state.  However, not every city in the Golden State was inclined to be sanctuaries.  Yesterday,  the the California Fourth District Court of Appeal overturned an Orange County Superior Court judge’s ruling siding with Huntington Beach in its lawsuit challenging California’s so-called sanctuary state law. Huntington Beach officials argued the city did not have to abide by Senate Bill 54, the California Values Act (2017), because it is a charter city and the state constitution gives charter cities more authority to impose laws that may supersede state laws. The three-justice panel disagreed. The justices said the state law is constitutional “as applied to charter cities because it addresses matters of statewide concern, including public safety and health, effective policing and protection of constitutional rights,” Associate Justice Richard Fybel wrote in the opinion, with Justices Raymond Ikola and Thomas Goethals concurring.  The opinion is City of Huntington Beach v. Becerra.


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About The Author

Kevin Johnson Kevin Johnson is Dean, Mabie-Apallas Professor of Public Interest Law, and Professor of Chicana/o Studies. He joined the UC Davis law faculty in 1989 and was named Associate Dean for Academic Affairs in 1998. Johnson became Dean in 2008. He has taught a wide array of classes, including immigration law, civil procedure, complex litigation, Latinos and Latinas and the law, and Critical Race Theory. In 1993, he was the recipient of the law school's Distinguished Teaching Award.Dean Johnson has published extensively on immigration law and civil rights. Published in 1999, his book How Did You Get to Be Mexican? A White/Brown Man's Search for Identity was nominated for the 2000 Robert F. Kennedy Book Award. Dean Johnson’s latest book, Immigration Law and the US-Mexico Border (2011), received the Latino Literacy Now’s International Latino Book Awards – Best Reference Book. Dean Johnson blogs at ImmigrationProf, and is a regular contributor on immigration on SCOTUSblog. A regular participant in national and international conferences, Dean Johnson has also held leadership positions in the Association of American Law Schools and is the recipient of an array of honors and awards. He is quoted regularly by the New York Times, Los Angeles Times, and other national and international news outlets.

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