Huntington Beach Approves Non-Sanctuary Status, Files Suit Against California


Prior to declaring itself a non-sanctuary municipality, the City of Huntington Beach sued Gov. Gavin Newsom and Attorney General Rob Bonta alleging that the state sanctuary law violates federal immigration laws, the state Constitution as well as the U.S. Constitution’s supremacy and naturalization clauses.

“We’re responding to a pattern,” Huntington Beach City Attorney Michael Gates said. “We’re responding to data, and we’re trying to prevent future crimes.”

The complaint was filed by Gates on Jan. 7 in the Central District of California federal court, two weeks before the Huntington Beach City Council approved a non-sanctuary city resolution for illegal immigration on January 21.

DOWNLOAD COMPLAINT

Plaintiffs in the lawsuit include the Huntington Beach City Council, the Police Department and the Police Chief Eric Parra.

“We are challenging the state sanctuary law simply to highlight the fact to the courts that we’re obligated under federal law to comply with federal law and the state is interfering with that so we believe it’s unconstitutional,” Gates told OrangeCountyLawyers.com.

The non-sanctuary city declaration arrived on the heels of President Donald Trump’s inauguration on Jan. 20 and his executive order on national security. “The United States must be vigilant during the visa-issuance process to ensure that those aliens approved for admission into the United States do not intend to harm Americans or our national interests,” President Trump’s order states.

Related Content:

• Huntington Beach voter ID rules
• Immigration lawyers
• Criminal defense attorneys

The state assembly approved some $50 million in funding this week to defend deportation-prone immigrants and legally resist President Trump’s immigration policies. Orange County Supervisor Vicente Sarmiento said the current administration has created a climate of fear and uncertainty around immigrant communities.

“Those actions are ultimately hurting our economy and creating a dangerous distrust of law enforcement,” Sarmiento said in an email to OrangeCountyLawyers.com.

Sarmiento is hosting a virtual forum on Feb. 10 informing county residents of their legal rights. Local non-profit legal service providers and attorneys are expected to attend the remote event where Spanish and Vietnamese translators will assist. “We welcome everyone in the community to join us and use the information and advice to protect themselves and their families” Sarmiento said.

“California law is clear, and it is my hope that all jurisdictions, including cities and police departments, will operate within state law requirements. That includes ensuring that all people living in our county receive the protections they are entitled to under Senate Bill 54,” Sarmiento added.

Residents of Huntington Beach Praise Non-Sanctuary Status

Huntington Beach residents have overwhelmingly well-received the city’s non-sanctuary status, according to Gates.

“A lot of those in the community who may have concerns came up to us and thanked us for the work we’re doing,” Gates added. “There really is a lot of support for it. There’s really been no pushback. If you look at the last city council meeting and maybe even the council meeting before that, nobody showed up and protested.”

Approved in 2017, California’s sanctuary law prevents state and local law enforcement agencies from using their resources on behalf of federal immigration enforcement agencies.

California’s illegal immigrant population stands at some 2.6 million, according to Huntington Beach’s Resolution 2025-01.

Huntington Beach is the 23rd largest of 482 California cities and is located in one of the most politically conservative counties.

“Protecting the city’s 200,000 residents from crime and lawlessness is of the greatest import to, and of the highest order for Huntington Beach’s city leaders and its police department,” the resolution states.

The city resolution was introduced by Huntington Beach Mayor Pat Burns who encouraged other California cities to adopt their own non-sanctuary resolutions.

“I am pleased the City Council unanimously supported my initiative,” Mayor Burns said in a statement online. “This will be another effective tool to combat crime and it will be a signal to would-be criminals to not come to Huntington Beach.”

*Photo of van is ai generated via Grok.