Sturgeon

Special order 40 (SO40) is the policy of the Los Angeles Police Department (LAPD) governing interactions with illegal immigrants. It prohibits LAPD officers from initiating police action with the sole objective of discovering the immigration status of an individual and arresting individuals for illegal entry into the United States. In 1987, this court upheld SO40 against a challenge that the mere questioning of a criminal arrestee about his immigration status, and passing that information on to federal immigration officials—acts permitted by SO40—constituted unconstitutional state enforcement of federal civil immigration law. (Gates v. Superior Court (1987) 193 Cal.App.3d 205, 219 [ 238 Cal.Rptr. 592 ].) We concluded that the LAPD could voluntarily transfer legitimately obtained arrest information to federal authorities without running afoul of the United States Constitution. ( 193 Cal.App.3d at p. 219 .)

Subsequently, Congress enacted a statute invalidating state and local restrictions on the voluntary exchange of immigration information with federal immigration authorities. ( 8 U.S.C. § 1373 (section 1373).) Plaintiff Harold P. Sturgeon brought a taxpayer action to…