California law, court rulings will block efforts to make Clovis a non-sanctuary city | Opinion
Clovis came into cityhood in 1912 as a general law city. That term means Clovis is bound to follow the state’s laws.
That is the friction point now in a debate over whether Clovis should be declared a “non-sanctuary” city for undocumented people.
Diane Pearce, the mayor pro tem on the Clovis City Council, has raised the call that the city should become a non-sanctuary municipality. She wants Clovis police to be able to join President Trump’s campaign to rid America of immigrants who do not have legal status.
“This is not about whether or not we arrest someone,” Pearce wrote on her Facebook page. “ … this is about whether or not we ensure public safety to the utmost by working with federal authorities.”
Her contention is that federal law supersedes state and local laws, and therefore Clovis police can act with federal border patrol officers and Immigration and Customs Enforcement agents to locate undocumented people.
Pearce frames the issue as one of public safety. “I was elected to the Clovis City Council on a platform of public safety first,” she wrote in a Jan. 29 Facebook post. “Nothing is more important than tracking down those who would harm members of our community.”
In an email response to my questions, Pearce said the issue is not a charter vs. general law city. Rather, she explained her position this way:
“What I want to see is our local law enforcement be empowered to once again work proactively with federal immigration authorities. This issue is about cooperating with those who are in charge of enforcement. I stand in opposition to our State that handcuffs law enforcement instead of criminals.”
No one disagrees with that view. People accused of crimes should be arrested and put through the legal system.
But her non-sanctuary stance has an impact that goes beyond those who are criminals to include those who are law-abiding, hard-working and tax-paying, but undocumented.
Legally, courts have repeatedly upheld California’s Senate Bill 54, the law passed in 2017 by the Legislature to make the state a sanctuary for the undocumented.
Huntington Beach, the Orange County city that calls itself non-sanctuary, argued in court that because it was a charter city, it did not have to follow SB 54. A state appeals court found otherwise, and the state Supreme Court declined to overturn that ruling. So Huntington Beach has filed a new lawsuit to nullify SB 54, which seems a fool’s errand.
Sanctuary law a state measure
That SB 54 is the law of California is a point that Jose Flores, a former Clovis councilmember, made on one of Pearce’s social media posts:
“Are you suggesting that Clovis police officers should violate state law?” he asked. “Senate Bill 54 (The California Values Act) is the law in California, outlining what local police can and cannot do regarding immigration enforcement.”
As a peace officer for 40 years, Flores adds SB 54 never hindered his ability to arrest anyone suspected of criminal activity. He said Clovis police are also not limited in their jobs to arrest law-breakers.
“There is a reason why Clovis remains the safest city in the Valley,” Flores said. “Clovis does not have a Criminal Illegal Alien Problem, and it never has. Please show us your evidence to the contrary.”
I asked Pearce if she has examples of undocumented criminals causing problems. She produced one: a December arrest of a driver suspected of killing two people in a traffic collision at Fowler and Gettysburg avenues in Clovis. The male driver was suspected of driving under the influence, and Pearce said he also had an immigration detainer.
Fresno city, council team to help undocumented
The debate in Clovis is in contrast to what other local leaders are doing regarding undocumented immigrants.
Fresno County Supervisor Luis Chavez and Fresno City Councilmember Miguel Arias announced the formation of a city-county immigration working group. The goal is to keep families from being split apart, as well as coordinating policies, backing education efforts and securing state funding.
“Given the heightened anxiety and fear within the immigrant community, it is essential that we take deliberate steps to alleviate their concerns,” Chavez said in a statement. “Our primary focus is to ensure the safety and protection of families and children, providing them with the reassurance they need.”
An estimated 50% to 75% of farm workers in California are undocumented. One-third of workers in food production, and one-fourth in food service, do not have legal status.
Last month a scare went through citrus workers in Kern County when Border Patrol sweeps began. Some workers did not show up at farms because of deportation fears.
Having a sizable population in a city living in fear is not good policy or leadership. If Clovis was a non-sanctuary city, immigrants would no longer trust police officers and would stop reporting crimes they see or know about.
That poses challenges to Pearce, who says public safety is her top concern.
This story was originally published February 11, 2025 at 2:43 PM.