CVIndependent

Fri08172018

Last updateWed, 27 Sep 2017 1pm

Although California can’t do much to block the Trump administration’s controversial immigration policies, opponents in the “Resistance State” keep finding ways to chip away at their foundations.

The latest: pushing the state and its Democratic leaders to cancel its business deals with, investments in, and campaign donations from private companies with federal immigration contracts:

• A group of K-12 teachers are urging their retirement system to divest from GEO Group, CoreCivic and General Dynamics.

• Some University of California students and workers are pressing the UC system to sever ties with General Dynamics Information Technology. The company helps the system administer a placement test for incoming first-year students.

• Politicians and the state Democratic Party are shedding donations from CoreCivic, operator of private prisons and detention facilities.

“I don’t think we should profit off of the lives of other people,” said Adrianna Betti, one of hundreds of teachers who are urging CalSTRS, the organization responsible for the pensions of California K-12 teachers, to divest from the private prison companies. “The concept that I’m going to retire off of this type of money—it bothers me immensely.”

Betti told a recent CalSTRS investment meeting that the organization needs to provide more transparency about its portfolio and realize they are making moral choices with their dollars.

“Nobody with a moral lens would have made this decision ever,” she said.

Amid public outcry last month, President Donald Trump backed off of his initial policy of separating undocumented parents from their children at the border. “So we’re keeping families together, and this will solve that problem,” he said. “At the same time, we are keeping a very powerful border, and it continues to be a zero-tolerance. We have zero tolerance for people that enter our country illegally.”

More than 1,800 children have been reunited with families after being separated at the border, but more than 700 still remain separated—and some of those may be in California.

The state—which Trump branded “out of control” in its immigration defiance—passed a trio of laws last year designed to make California a “sanctuary state” for undocumented immigrants who don’t commit serious crimes. Although the Trump administration sued to have the laws overturned, it has not yet been successful.

But the emotional family separations posed a particular frustration in Democrat-dominated California. Attorney General Xavier Becerra joined 17 other states in contesting the Trump administration’s “zero tolerance” policy last month, arguing in the complaint that family separation is causing severe trauma that state resources will be strained to address.

The federal government “does have the right to decide how to conduct immigration processes. They’ve done a very poor job obviously—very harshly,” Becerra said on KQED earlier this month. “We are more limited there in what we can do as far as allowing these kids to be free.”

One move the state could make: divestment. It’s a tactic that various activists have proposed against gun manufacturers, tobacco companies and fossil-fuel firms. Successes include the UC divestment effort in the 1980s against South Africa, which Nelson Mandela credited with helping bring an end to the racist apartheid regime.

CalSTRS said it is determining potential risk factors the private prison companies may post to pensions. At its meeting, investment committee chairman Harry Keiley said he’s asked the chief investment officer update the board on the issue by September.

CoreCivic said in a statement that none of its facilities provide housing for children who aren’t under the supervision of a parent, adding, “We also do not enforce immigration laws or policies or have any say whatsoever in an individual’s deportation or release.”

“We are proud that for over the past 30 years, we have assisted both Democrat and Republican administrations across the country as they address a myriad of public-policy challenges,” said the company spokeswoman Amanda Gilchrist. “CoreCivic has a strong commitment to caring for each person respectfully and humanely.”

Other educators are urging the UC system to sever ties with General Dynamics Information Technology. The University Council-AFT—the labor union that represents librarians, lecturers and other university faculty members—sent such a letter to UC president Janet Napolitano in June, who also received a similar letter from the Council of UC Faculty Associations, the umbrella organization that represents the different faculty associations at each campus.

The University of California Student Association, an organization that represents students across UC campuses, is also pressing the UC system to end its contract. “To work with a company actively taking part in the state sanctioned violence of separating families seeking asylum, and profiting from it is to be complicit in the inhumanity of their actions,” the association said in a letter to the president.

“This is still happening, and they’re not doing as much as they could,” said Stephanie Luna-Lopez, a third-year student at UC Berkeley and associate chief of community development for the Associated Students of the University of California, the student association for UC Berkeley. “We actually cannot do anything, because it’s out of our control.”

Napolitano contends that UC has contracted with the company for years; that it assured her they were providing case work for unaccompanied minors to facilitate reuniting families; and that breaking ties would be “detrimental” and “disruptive.” (Although she presided over significant numbers of deportations as head of Homeland Security in the Obama administration, Napolitano has denounced Trump’s separation policy.)

General Dynamics Information Technology has worked with the Office of Refugee Resettlement since 2000, providing casework support for the Department of Health and Human Services. It says it has no role in the family separation policy, but facilitates reunifications.

Democratic legislators and the Democratic Party have, since Jan. 1, 2017, collected some $250,000 from private-prison companies that incarcerate undocumented immigrants. Now they’re distancing themselves.

Assembly Speaker Anthony Rendon tweeted last month that he would donate campaign money received from CoreCivic to the Anti-Recidivism Coalition, which works with formerly incarcerated people to reform the justice system.

After CALmatters noted that Lt. Gov. Gavin Newsom received private prison money in his campaign for governor, an aide said Newsom donated $5,000 to the National Domestic Workers Alliance’s Families Belong Together project, which protests Trump’s immigration policies.

The California Democratic Party has also announced it will no longer accept contributions from organizations that run private prisons or other incarceration services.

“The private-prison system represents so much of what is wrong with our criminal justice system,” said CDP chair Eric C. Bauman in a statement. “Accepting donations from companies that profit from the systemic injustices and suffering that results from them is incompatible with the values and platform of our party.”

CALmatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.

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A day after the Trump administration sued California over its new “sanctuary” laws, state officials pushed back hard, with Gov. Jerry Brown calling the move tantamount to “war.”

U.S. Attorney General Jeff Sessions announced the lawsuit, which he filed late Tuesday, at a police event near the Capitol in Sacramento on Wednesday. He said California leaders were scoring political points on the backs of law enforcement with immigration policies that hinder federal agents’ ability to enforce U.S. law.

“We’re simply asking the state and other sanctuary jurisdictions to stop actively obstructing federal law enforcement,” Sessions said as hundreds of protesters shouted outside. “Stop treating immigration agents differently from everybody else for the purpose of eviscerating border and immigration laws, and advancing an open-borders philosophy shared by only a few, the most radical extremists.”

Sessions accused local and state elected officials, including Oakland Mayor Libby Schaaf and state Attorney General Xavier Becerra, of promoting an extreme agenda to frustrate federal agents. Becerra, a Brown appointee, is running for election this year, as is Schaaf.

At a joint press conference with Becerra after Sessions’ announcement, Brown said he does not believe in “open borders.” The laws being challenged in the suit were carefully crafted, he said, to balance the state’s right to manage public safety with federal authority to oversee immigration. He termed Sessions’ appearance a stunt.

“This is completely unprecedented, for the chief of law enforcement in the United States to come out here and engage in a political stunt, (and) make wild accusations, many of which are based on outright lies,” Brown said—unusually strong language for a governor who has largely been cautious in his criticism of the Trump administration.

“This is basically going to war against the state of California, the engine of the American economy. It’s not wise; it’s not right; and it will not stand,” Brown said.

Sessions’ visit is the latest political salvo between the Trump administration and California, whose Legislature has favored immigrant-friendly policies. Candidates for statewide office have been jockeying to position themselves as the best representative of the “resistance state.” Becerra has sued the administration more than two dozen times on a range of issues, including the president’s travel ban and ending the Deferred Action for Childhood Arrivals (DACA) program, which allowed those brought to the country illegally as minors to remain here on a temporary basis.

In his 20-minute speech, Sessions said Schaaf, who recently tipped off the public about an imminent immigration raid, “has been actively seeking to help illegal aliens avoid apprehension by ICE (Immigration and Customs Enforcement).” That has made the job of immigration agents more dangerous, he said—as outside protesters outside chanted, “Immigrants stay; Sessions go!”

“How dare you needlessly endanger the lives of our law enforcement officers to promote a radical open-border agenda,” said Sessions, who noted that the United States annually admits 1.1 million immigrants lawfully as permanent residents.

Within hours, Schaaf posted on Twitter that Oakland’s violent-crime rates have declined in the past five years, answering Sessions’ claim that crime generally is on the rise.

The U.S. Department of Justice lawsuit asks a federal court to strike down three state laws that, among other restrictions, require employers to keep information about their employees private without a court order; mandate inspections of immigration detention facilities; and bar local law enforcers from questioning people about their immigration status during routine interactions. The most contentious law does allow state officials to cooperate with federal agents when deportation is required for those who have committed any of 800 serious crimes.

Washington, D.C., will have to show that the state’s new laws infringe on its ability to enforce immigration rules, which may be hard to do, said Kevin R. Johnson, dean of the law school at the University of California, Davis.

“Ultimately, I think the state is likely to win most, if not all, of the lawsuit,” Johnson said.

Sessions said the sanctuary laws were designed to frustrate federal authorities. “Just imagine if a state passed a law forbidding employers from cooperating with OSHA in ensuring workplace safety, or the Environmental Protection Agency for looking out for polluters. Would you pass a law to do that?”

Sessions singled out Becerra, California’s top prosecutor, for threatening to fine business owners up to $10,000 if they cooperate with ICE agents. Becerra, who delivered a private address to the police group Wednesday, said at the press conference that “California has exercised its rights to define the circumstance where state and local law enforcement may participate in immigration enforcement.

“California is in the business of public safety. We’re not in the business of deportations,” he added, repeating statements he made Tuesday evening in the wake of the federal government’s filing. “I look forward to making these arguments in court.”

Lt. Gov. Gavin Newsom, a Democrat who is running for governor, had praised Schaaf for her warning, a move Sessions said was “an embarrassment to the proud state of California.”

In a Facebook post, Newsom responded: “Jeff Sessions called me an ‘embarrassment’ today. Coming from him, I take that as a compliment. But words don't mean much when you and your family's livelihoods are on the line.”

Some other candidates for statewide office were quick to offer their views on the lawsuit. State Senate leader Kevin De León, who is challenging Dianne Feinstein for her U.S. Senate seat and wrote one of the laws at issue, told reporters the suit is retribution against a state that resoundingly rejected Trump on Election Day.

“From Day 1, California has been in the crosshairs of this president,” he said. “We are on solid constitutional legal ground, so we welcome this lawsuit.”

Labor unions and immigration-rights organizations, meanwhile, decried Sessions’ announcement. The Coalition for Humane Immigrant Rights said Washington was sowing “deception and fear mongering” to push an anti-immigrant agenda.

CALmatters reporters Laurel Rosenhall and Elizabeth Aguilera contributed to this report. CALmatters.org is a nonpartisan, nonprofit media venture explaining California policies and politics.

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