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Council tables proposed lawsuit challenging California’s SB 54; members and public sharply divided

2622675 · February 12, 2025
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Summary

San Clemente’s City Council voted 4–1 to table a proposal to join Huntington Beach in litigation challenging California’s SB 54 (the California Values Act). The meeting featured intense public testimony both for and against joining the lawsuit and council discussion about legal standing, fiscal risk and public-safety responsibilities.

The San Clemente City Council voted 4–1 on Feb. 4 to table consideration of joining Huntington Beach’s lawsuit challenging Senate Bill 54, the California Values Act, which limits use of local resources to assist federal immigration enforcement.

The item generated extensive public comment on both sides. Residents who opposed joining the litigation said it would be an expensive diversion of local resources, would sow fear among immigrant families, and exceed the city’s authority because San Clemente contracts with the Orange County Sheriff’s Department (OCSD) for law enforcement services. Multiple speakers noted Sheriff Don Barnes’ public statement that the OCSD “does not and never will ask the immigration status of victims, witnesses, suspects, or those who call to report crimes.” Several community members urged the council to prioritize local needs such as beach erosion, parks and school fields over legal action against the state.

Other speakers urged the city to join Huntington Beach’s effort, arguing SB 54 prevents local cooperation with federal immigration enforcement and poses a public-safety risk. Commenters who supported litigation framed the issue as enforcing federal law and protecting borders from unvetted arrivals.

Mayor Noblak and other council members asked staff about legal differences between Huntington Beach (a charter city with its own police department and in-house legal counsel) and San Clemente (which contracts with OCSD). The city manager and mayor clarified that Huntington Beach’s position reflects its different structure and that any litigation’s practical consequences for San Clemente might differ. The mayor also said Huntington Beach’s litigation partner had offered to provide litigation counsel (a nonprofit legal fund), and he stated at the meeting that “any litigation entered into in this matter would cost the city absolutely 0,” a point he acknowledged not having earlier communicated to staff.

After more than an hour of public comment and council discussion, a council member moved to table the item “with no anticipation of returning this item to this council’s agenda.” Another council member seconded the motion. A roll-call vote recorded the motion’s passage 4–1; the council did not direct staff to pursue litigation or contract counsel.

Council members said the city will continue to rely on OCSD for local public-safety response and emphasized the county sheriff’s statement that OCSD’s priority is enforcing state and local law and protecting victims and witnesses regardless of immigration status.

The vote leaves Huntington Beach to continue its own legal challenge without San Clemente as a co‑plaintiff; the council also requested no further council action on pursuing identical litigation.