DOJ's Request for Undocumented Inmate Data from California Jails Explained

DOJ's Request for Inmate Data

• 🏛️ The US Justice Department is requesting lists of non-US citizen inmates, their crimes, and release dates from California sheriffs.
• 🎯 This initiative is part of a federal effort to deport undocumented immigrants with criminal records.

LA County Sheriff's Response

• 🚫 LA County Sheriff Robert Luna stated that his department does not collect or possess information on the citizenship status of individuals in custody.
• 📜 Luna emphasized that the department adheres to state law and county policy, which restricts cooperation with federal immigration officials except under specific legal circumstances.
• ❓ Sheriff Luna indicated he had not yet received the DOJ's official request at the time of his statement.

Legal Analysis of Federal Authority

• ⚖️ Legal analyst Jessica Levinson explains that while the federal government can enforce federal law, it cannot compel local law enforcement to carry out federal duties.
• 📜 This limitation is based on the 10th Amendment, which reserves powers not delegated to the federal government to the states.
• ⚠️ The federal government can request information, but mandating its collection or provision by local authorities is not permissible under the 10th Amendment.

Subpoenas and Sanctuary State Laws

• 📄 Levinson suggests that a potential DOJ subpoena might be an "empty threat" if it is invalid or not a federal judicial subpoena.
• 🚫 Even if California law enforcement officers voluntarily provided information, they could potentially violate state sanctuary laws.
• ❓ The sheriff's department's lack of citizenship data negates the DOJ's request, as they have "nothing to give."

Information Availability in Other Jurisdictions

• 🌐 While LA County does not possess this data, other sheriff's departments in California might.
• ⚠️ However, these departments cannot be forced to share information and must still comply with applicable local or state laws, including sanctuary state provisions.