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Is California a Sanctuary State for Undocumented Immigrants?

Posted by Bulldog Law | May 27, 2025

Is California a Sanctuary State

In 2017, California became the first state to declare itself a "sanctuary state," passing laws to protect over 1.8 million undocumented immigrants from deportation and discrimination. These policies limit local law enforcement's cooperation with federal immigration authorities, offering vital safeguards amid ongoing opposition from the Trump administration.

This blog examines the implications of California's sanctuary state law, its impact on immigrant communities, and the challenges from federal opposition, highlighting the legal, political, and social dynamics behind this landmark policy. It also explores the immigration policy changes during the Trump Administration in 2025 and how these shifts continue to shape debates around sanctuary laws.

What Does It Mean for California to Be a Sanctuary State?

"Sanctuary" refers to policies that limit local law enforcement's involvement in federal immigration enforcement. In California, these policies aim to protect undocumented immigrants from deportation by reducing cooperation between state and local authorities and federal immigration agencies.

California's sanctuary state law, known as Senate Bill 54 (California Values Act), was signed into law by Governor Jerry Brown in October 2017. It prohibits state and local law enforcement agencies from:

  • Inquiring about a person's immigration status during the routine course of their duties.
  • Detaining individuals beyond their release dates to allow federal immigration authorities time to take them into custody.
  • Assisting federal agencies in deportation efforts unless the individual has been convicted of certain serious crimes, such as felonies or violent offenses.

The policies aim to prevent local police from acting as immigration enforcement officers. While federal agencies like ICE can operate in the state, the law limits their access to local law enforcement resources.

How Did California Become a Sanctuary State?

California's sanctuary movement dates back to the 1980s, when churches and activists sheltered Central American refugees. However, modern sanctuary policies gained momentum in 2017 in response to President Trump's tough stance on immigration and mass deportation. To protect undocumented residents, Senate Leader Kevin de León introduced Senate Bill 54, which was passed and signed into law by Governor Brown, offering critical safeguards against federal deportation efforts.

Sanctuary State Policies: What They Protect and What They Don't

One of the key aspects of the California Values Act is the protection it offers to individuals who are in the U.S. without legal authorization. These protections include:

  • Protection from Deportation: Individuals who have not committed serious crimes cannot be detained by state or local law enforcement for the sole purpose of deportation.
  • Protection for Vulnerable Communities: The law encourages trust between local law enforcement and immigrant communities by helping individuals feel safe when seeking police assistance.
  • Legal Services and Support: Some cities, like Long Beach, offer legal assistance to immigrants facing deportation and provide funding for immigration defense.

However, California's sanctuary policies do not provide complete protection for all undocumented individuals. Cooperation with federal immigration authorities is still allowed when the individual has been convicted of serious crimes, including:

  • Homicide
  • Rape
  • Kidnapping
  • Robbery
  • Arson

Federal immigration authorities, such as ICE, are still allowed to operate in California. However, they must do so without assistance from local police under the sanctuary law. Deportation and removal proceedings continue in the state, with many facing complex legal challenges to remain in the U.S.

Federal Opposition: Trump vs. California

The sanctuary state law faced significant opposition from President Trump, who issued an executive order threatening to withhold federal funding from jurisdictions that refused to comply with immigration law.

California sued, and in 2019, the U.S. 9th Circuit Court of Appeals ruled in favor of the state, affirming its right to limit cooperation with federal immigration authorities. Despite this victory, the Trump administration continued to challenge sanctuary policies through executive orders, legal threats, and efforts to publish a list of sanctuary jurisdictions targeting California's policies.

Sanctuary Cities Within California

While California is a sanctuary state, more than 25 cities and counties, including Los Angeles, San Francisco, Oakland, and Sacramento, have adopted additional local policies to further limit cooperation with federal immigration authorities.

These policies ensure that undocumented immigrants are not questioned about their status unless they are involved in serious crimes. Some cities, like Long Beach, provide legal aid for those facing deportation. In contrast, cities like Huntington Beach and Oroville have declared themselves "nonsanctuary" jurisdictions, choosing to cooperate more closely with federal agencies citing public safety concerns.

What's Next for California's Sanctuary Laws?

As the Trump administration continues to push back against California's sanctuary state law, the future of these protections remains uncertain. Legal victories have reassured immigrant communities, but federal efforts to weaken sanctuary policies persist.

California's sanctuary laws will likely continue to be tested, reflecting ongoing debates over the balance between state rights and federal authority in immigration enforcement.

California as a Sanctuary State for Undocumented Immigrants Attorney in California

California's sanctuary state law reflects a strong commitment to protecting immigrants and preserving their rights amid growing federal pressure. While challenges persist, the state's sanctuary policies have significantly impacted immigrant communities, allowing millions of undocumented residents to live in California without the constant fear of deportation.

The importance of immigration lawyers in deportation defense cannot be overstated. For individuals facing immigration-related concerns or needing legal guidance on how sanctuary laws affect their rights, it is crucial to consult a skilled immigration lawyer in California.

Whether you are fighting deportation or seeking information about your rights under California's sanctuary laws, Bulldog Law can help guide you through the complicated legal system. Our attorneys are experienced in immigration defense and are committed to protecting your future in the United States.

About the Author

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