|
Getting your Trinity Audio player ready...
|
Local police authorities said they had little or no interaction with the U.S. Immigration and Customs Enforcement, and police would not inquire about the immigration status of a victim, witness or perpetrator.
In a letter posted to the Atherton Police Department’s website, Police Chief Steven McCulley wrote that the “top priority is ensuring the safety and well-being of all members of this community, regardless of their background or immigration status.”
Menlo Park Police Chief David Norris said in an email that Menlo Park Police Department staff are aligned with a Jan. 21 statement on immigration enforcement from the California Police Chiefs Association, which affirms law enforcement’s commitment to protecting all Californians. The statement also notes that it has never been the role of local police to enforce federal immigration law.
“Our mission [is] to serve our community — everyone, regardless of status,” Norris said in an email. He added that police staff, in internal messaging, had “reinforced our relentless pursuit of justice against those who commit crimes that harm the safety, peace and order of our entire community.”
The San Mateo County Sheriff’s Office had a similar message for the community. In an email, SMCSO Communications Director Gretchen Spiker wrote that the Sheriff’s Office “believes in serving all members of our community with dignity, compassion, and respect.” Spiker added that the Sheriff’s Office does not turn anyone over to ICE, a policy Corpus’ predecessor Carlos Bolanos implemented in 2021 after receiving negative feedback from the community after his department released accounted for 62% of all Bay Area transfers and more than any other county in 2020.
“Sheriff’s deputies do not enforce immigration laws, and the Sheriff’s Office does not collect immigration status information,” Spiker said in the email. “The Sheriff’s Office wants to provide reassurance to our community that this commitment will continue.”
A Nov. 2024 statement from Redwood City Mayor Jeff Gee about immigration policies specified that Redwood City PD “does not actively participate in the enforcement of federal immigration laws” and its police officers “do not conduct sweeps looking for suspected undocumented aliens.”
McCulley and Norris said that Atherton PD and Menlo Park PD, respectively, had not received any reports of residents being afraid to interact with law enforcement due to immigration concerns. Still, McCulley noted that law enforcement across the country is concerned that residents will not report crimes because of a lack of transparency or trust about the role of local authorities in immigration enforcement. He wrote the letter to try to reduce these concerns, McCulley said.
To mitigate fear of law enforcement, Spiker said that the Sheriff’s Office has sponsored initiatives such as the Community Alliance to Revitalize our Neighborhoods to share information about immigration rights and foster trust between the community and law enforcement.
Gee’s statement noted that Redwood City has for years worked with community organizations to share information about legal rights and dispel rumors about federal immigration enforcement. Redwood City Police Captain Ashley Osborne also said that the department is actively sharing resources such as “Know Your Rights” information from the San Mateo County Office of Immigration Services to support our immigrant communities.
I’m very concerned about this situation here in California. Under the Supremacy Cause, federal law takes jurisdiction over state law. In 1861, a civil war was fought over this principle. What will the courts due in these cases. Too much here at stake with our residents here.
The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2), establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the “supreme Law of the Land”, and thus take priority over any conflicting state laws.[1] It provides that state courts are bound by, and state constitutions subordinate to, the supreme law.[2] However, federal statutes and treaties are supreme only if they do not contravene the Constitution.[3]
In essence, it is a conflict-of-laws rule specifying that certain federal acts take priority over any state acts that conflict with federal law, but when federal law conflicts with the Constitution that law is null and void. In this respect, the Supremacy Clause follows the lead of Article XIII of the Articles of Confederation, which provided that “Every State shall abide by the determination of the United States in Congress Assembled, on all questions which by this confederation are submitted to them.[3] A constitutional provision announcing the supremacy of federal law, the Supremacy Clause assumes the underlying priority of federal authority, only when that authority is expressed in the Constitution itself.[4] No matter what the federal government or the states might wish to do, they have to stay within the boundaries of the Constitution. This makes the Supremacy Clause the cornerstone of the whole political structure.
We live in a great country, where we can protest and speak up for our rights and others.