At last week’s press conference, Wells called the filing “one of the most important days of my life,” emphasizing that the lawsuit comes at no cost to local taxpayers.
“This lawsuit costs our city zero dollars. Not a penny of taxpayer money,” Wells said. “The America First Policy Institute is funding the entire case. We are deeply grateful for their partnership and their commitment to the rule of law.”
Legal clash
California’s SB 54, often referred to as the “sanctuary state” law, has long been a lightning rod in the immigration debate. The statute was upheld in 2019 after a challenge during the first Trump administration failed in federal appellate court, with the U.S. Supreme Court declining to hear the case.
El Cajon’s lawsuit, however, takes a different legal approach.
City Councilmember Steve Goble, who voted in favor of the lawsuit, said the city is not attempting to relitigate whether the federal government can compel local enforcement of immigration law.
“Prior legal action focused on whether the federal government could force California state and local law enforcement to enforce federal immigration policy,” Goble told ECM. “The 9th Circuit said no. We are challenging it on different grounds.”
According to Goble, those grounds center on local discretion and public safety.
“The lawsuit seeks to invalidate SB 54 because it takes away the discretion for us to remove people living in our city illegally who have been convicted of serious or violent crimes,” he said, “and to conduct welfare checks on every resident regardless of citizenship status.”
He pointed to the alleged trafficking tip as a catalyst.
“For me, this is about ensuring the safety of children,” Goble said. “The state is saying, ‘No, you cannot do that.’”
City Council Votes 3-2
Not all city leaders agree.
Councilmember Gary Kendrick, who voted against filing the lawsuit, voiced skepticism rooted in legal precedent and fiscal concern.
“The first Trump administration sued to overturn SB 54. It went to the appellate court and Trump lost. The U.S. Supreme Court refused to hear it,” Kendrick said. “After that, the El Cajon city attorney at that time said it is the law of the land.”