A conservative group led by a close ally of President-elect Donald Trump recently sent letters to nearly 250 elected officials in so-called sanctuary jurisdictions across the U.S. — including in San Diego County — warning of potential civil and criminal consequences for policies deemed protective of undocumented immigrants.
America First Legal Foundation, which is headed by Stephen Miller, Trump’s announced deputy chief of staff for policy and one of his top advisers, warned officials of what it said could be legal risks for “interfering with or impending federal immigration law enforcement” and for “concealing, harboring, or shielding illegal aliens.”
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The letter came two weeks after the San Diego County Board of Supervisors passed a resolution barring cooperation with U.S. Immigration and Customs Enforcement, including aiding in the transfer of immigrant jail inmates.
“This resolution clearly violates federal law and subjects those who abide by it to significant risk of criminal and civil liability,” reads the Dec. 23 letter sent to board Chair Nora Vargas. “Accordingly, we are sending this letter to put you on notice of this risk and insist that you comply with our nation’s laws.”
The letter was signed by the group’s senior counsel, James Rogers. In a statement, he said that “sanctuary policies are against the law, make a mockery of America’s democratic principles, and demonstrate a shocking disrespect for our Constitution and our citizens.”
“The officials in charge of sanctuary jurisdictions have no excuse and must be held accountable,” he added.
President-elect Donald Trump’s adviser Stephen Miller. (AP File)
The conservative nonprofit was founded by Miller in 2021. It consists of a legal team that seeks to challenge what it calls the “radical left.” Miller previously served as a senior adviser to Trump during his first administration and was considered the architect of Trump’s harsh immigration policies.
Trump’s incoming “border czar,” Tom Homan, hinted in a recent interview with NBC News that the county’s policy could be subject to litigation.
But some California officials, including Vargas, didn’t flinch.
Vargas referred to the letter as an effort “designed to intimidate and bully thousands of local elected officials and employees through legal scare tactics.”
“As a county, we are proud to follow the law, but we are equally proud to lead with compassion, fairness, and integrity,” said Vargas in a statement. “As County Chairwoman, I have made it my mission to foster a local government grounded in unity, equity, and justice. Our newly adopted Board policy reflects these values. It was developed through rigorous legal review and stands in full compliance with federal, state, and local laws,” she added.
Under the county policy, which passed with a 3-1 vote on Dec. 10, federal immigration officials will need a warrant or court order to take an inmate into immigration custody. While the policy focuses on civil immigration enforcement, it does not affect federal criminal investigations.
The matter was voted on ahead of Trump’s return to the White House and the likelihood that he will act on his campaign promise of mass deportations of undocumented immigrants.
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“In alignment with these laws, we have the authority — and the responsibility — to ensure our resources are not used to tear families apart, erode community trust, or pull us away from addressing the urgent challenges our county faces,” Vargas added.
The county’s policy goes beyond state law, Senate Bill 54, which already limits how state and local law enforcement can cooperate with federal immigration officials. Under that law, which was implemented during the first Trump administration, local agencies are still allowed to notify the federal government of release dates and transfer jail inmates to ICE under certain circumstances, including if they have been convicted of certain felonies.
County Sheriff Kelly Martinez has publicly stated that she will not honor the county policy and will instead continue to follow state law. Meanwhile, Vargas, who introduced the policy, unexpectedly announced that she will step down from her post as county supervisor in early January at the end of her current term.
California Attorney General Rob Bonta was among the many elected leaders who also received a letter from the group. His press office disputed the claims.
“This is a scare tactic, plain and simple,” the Attorney General’s Office said in a statement. The office noted that SB 54 was upheld by courts during Trump’s first tenure.
“SB 54 does nothing, however, to block federal agencies from conducting immigration enforcement themselves. California will continue to comply with all applicable state and federal laws, and we expect all local law enforcement agencies to do the same,” the office said.
Other California officials who got letters from the conservative group included Los Angeles Mayor Karen Bass and Los Angeles Police Chief Jim McDonnell.
