El Cajon, backed by Trump-aligned think tank, sues California attorney general

The city of El Cajon has filed a lawsuit against California Attorney General Rob Bonta over immigration enforcement, specifically challenging a state law that restricts local law enforcement’s cooperation with federal officials.

The lawsuit was filed Tuesday in San Diego County Superior Court and is backed by the America First Policy Institute, a right-wing think tank affiliated with President Donald Trump.

The suit centers on multiple California laws, including Senate Bill 54, also known as the California Values Act, which passed in 2017 to limit the use of state and local resources, like policing, in immigration enforcement.

“Every day our officers are breaking either federal law or state law, depending on who’s asking the question and who’s answering the question,” El Cajon Mayor Bill Wells said in announcing the lawsuit Wednesday, adding that it “may be one of the most important days” of his life.

The U.S. Court of Appeals for the Ninth Circuit in 2019 upheld SB 54 against a lawsuit from the first Trump Administration, finding that the federal government could not compel the state to assist in immigration enforcement. The U.S. Supreme Court declined to hear an appeal, leaving the law in place.

Similar to El Cajon’s lawsuit, the city of Huntington Beach last year sued the state, but in federal court. That complaint was dismissed.

“El Cajon should prepare for another loss,” Bonta said in a statement when asked about the lawsuit. “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,” Bonta’s statement continued. “SB 54 has been upheld in court again and again, and we’re prepared to defend it from a baseless attack once more.” 

The America First Policy Institute said El Cajon’s lawsuit is different from prior challenges because it centers not on the use of state resources and funding, but on several California policies the group alleges violate federal law because they encourage people without legal status to live in the U.S.

“Everything from the boasts on California’s website about how people without documentation can get a driver’s license, how people without documentation get student discounts, how people without documentation get disability benefits,” said Richard Lawson, the group’s vice chair for litigation. “If you look at all of that, it is designed to induce and encourage illegal aliens to reside here.”

“These laws were passed to bolster the economy with the fruits of illegal labor, that is the purpose. That issue was not addressed in that case,” Lawson continued.

Last year, Wells brought forth a controversial resolution affirming the city’s intent to work with ICE, sparking pushback from activists in the community who opposed the effort.

The announcement of the lawsuit on Wednesday inspired some of that same pushback.

“It’s still astonishing to me that he continues to try to die on this hill,” said activist Mairene Branham. “There’s just so much loud narrative that’s coming from the right-wing side that is harmful.”