Riverside County Sheriff Chad Bianco joined a lawsuit challenging California’s immigration protection laws, enlisting in a legal fight launched by the City of Huntington Beach against the state, its governor and attorney general.
Bianco joined the lawsuit in his official capacity as Riverside County sheriff, coroner and public administrator, according to a copy of a complaint filed in U.S. District Court on May 2. Bianco’s addition was announced in a press release Thursday by America First Legal, the team representing Huntington Beach, its city council, police department and police chief.
He is the only sheriff in the state who has joined the suit, which specifically names Gov. Gavin Newsom and Attorney General Rob Bonta as defendants.
The lawsuit claims the California Values Act, established by SB 54 in 2017, should be overturned. The lawsuit follows a previous unsuccessful effort by Huntington Beach officials to challenge the law, which exempts local police from inquiring about immigration status and generally getting involved in immigration enforcement.
Attorneys for the plaintiffs argue this legislation, which they call the state’s “sanctuary law,” hampers federal immigration enforcement, thereby violating federal law and makes Huntington Beach residents unsafe.
The Mexican American Legal Defense and Educational Fund in April intervened in the latest federal suit on behalf of the National Day Laborer Organizing Network. Those organizations argue that removing the protections as the lawsuit seeks to do will result in more hostile interactions between police and immigrants resulting in deportations, and could ultimately create a relationship of fear discouraging them from seeking law enforcement help or reporting crimes.
While Bianco has said he would repeal SB 54 if elected governor, the suit shows he’s not waiting to do so from Sacramento. He officially launched his campaign on Feb. 17. But unlike the unified parties of the Orange County beach town, known for its conservative leanings, Bianco is going it alone as the sole Riverside County elected official or law enforcement member named as a plaintiff.
The county’s Board of Supervisors and the sheriff’s department had made no formal votes or statements of involvement in the lawsuit before Bianco’s announcement.
The California Values Act, SB 54, went into effect in 2018. It established that no state or local resources are to be used to assist federal immigration enforcement. Practically speaking, it exempts police and sheriffs from arresting people for deportation orders or asking people about their immigration status. The law limits how local law enforcement can allow federal immigration agents access to local jails, with some discretion to notify federal agents if a person has felony convictions and other conditions.
The Desert Sun asked the sheriff’s department Friday if this development will change the department’s position and policies on federal immigration enforcement.
“Local law enforcement has not and does not enforce immigration law,” Bianco said by email. And he added: “SB54 was only designed to protect criminals in jail from being deported.”
The law he inaccurately summarized provides for broad protections for more than only people detained in jails.
The updated federal complaint also included an additional section claiming the constitutional authority of California sheriffs permits them to participate in any project of crime prevention. Current state law contradicts that claim.
Riverside County affirms California law sheriff seeks to repeal
Riverside County has long been home to a substantial immigrant population, with census data showing approximately one in five county residents is foreign born. Those demographics contribute significantly to the industries that drive the county’s economy.
Luis Nolasco, senior policy advocate for ACLU of Southern California, said that the lawsuit has no legal standing and characterized it as another attempt by Bianco to scapegoat immigrants.
“Sanctuary policies reflect our commitment to immigrant communities by affirming reality: our multi-racial region is inclusive and rooted in values of compassion, equality, and shared humanity,” Nolasco said.
Javier Hernandez, executive director of the Inland Coalition for Immigrant Justice, said that SB 54 does not limit federal agencies from doing their jobs, a central claim of the suit.
“What SB 54 does is safeguard due process and the constitutional rights of all Californians — regardless of immigration status,” Hernandez said, adding: “In the last 100 days alone, U.S. citizens across the country have been wrongfully detained due to the very policies that Sheriff Bianco now seeks to enforce.”
Bianco’s move comes as the county has publicly affirmed its support for the large share of immigrants learning in its schools, worshipping in it churches and working its jobs. The Riverside County Board of Supervisors voted in February 4-1, with District 2 Supervisor Karen Spiegel casting the sole vote in opposition, in support of galvanizing the county’s commitment to safeguarding the civil rights of immigrants and refugees.
The resolution was proposed by board chair and District 4 Supervisor V. Manuel Perez and District 5 Supervisor Yxstian Gutierrez and included the development of a web portal for undocumented immigrants to receive legal aid and other resources. When considering the motion, the supervisors voiced their support for those involved in the Deferred Action for Childhood Arrivals program, the approximately 1 million people who arrived as minors and popularly referred to as “dreamers” — the board previously passed a resolution in support of that legislation in 2018. Both supervisors did not respond to requests for comment before publication.
The board’s February resolution, in large part, reiterated what the California Values Act, and similar legislation, had already enshrined in law. The same laws Bianco’s suit is seeking to overturn.
In January, Bonta reminded local law enforcement of these legal requirements soon after President Donald Trump began making statements about mass deportations and sweeping immigration enforcement efforts began taking place. Bonta’s office released to all local police and sheriffs memos and bulletins reminding that the state law limits how or prevents them from working with federal authorities on immigration enforcement and also included guidance on hate crime enforcement.
“While the President-elect spouts xenophobic rhetoric and makes plans to implement his inhumane mass deportation agenda, California is focused on protecting our communities. No matter who is in the White House, California will continue to lead with California values – and we will not divert vital public safety resources for federal immigration enforcement,” Bonta said in a statement at the time.
After the county board began considering its immigrant measure, Bianco released a video on the department’s social media channels, saying that his deputies would not “engage in any type of immigration enforcement,” which is the responsibility of the federal government. The suit’s complaint states that not being able to inquire about immigration status and other exemptions established by the California Values Act makes the people of Huntington Beach unsafe. Bianco’s addition to the suit, attaches the residents of Riverside County to those same claims.
“AFL is proud to represent Sheriff Bianco in this important lawsuit to stop California from defying federal immigration laws and will continue to relentlessly defend our nation’s border security and protect American citizens,” said James Rogers, America First Legal Senior Counsel, in a prepared statement.
