9th Circuit Sides With California Sanctuary City Laws And Against DOJ

Audrey Conklin | Reporter

 

The U.S. 9th Circuit Court of Appeals in San Francisco ruled against President Donald Trump on Thursday, affirming that California’s sanctuary city statutes do not conflict with federal immigration laws.

The case began in March 2018 when the Department of Justice (DOJ) filed a lawsuit against three of California’s laws regarding immigration, saying the state’s sanctuary rules violate U.S. constitutional law.

California state laws prevent private employers from coordinating efforts with immigration officials to report illegal immigrants (AB 450) and “bar law enforcement from sharing information about the release of illegal immigrants from custody” (SB 54), the Associated Press reports. It also requires the regulation of immigration detention centers (AB 103).

San Francisco’s 9th Circuit ruled that two of the three California sanctuary laws challenged by the DOJ (AB 450 and SB 54) do not violate federal law. “California has the right, pursuant to the anti-commandeering rule, to refrain from assisting with federal efforts,” the ruling reads.

It continues, in part, “The district court concluded that the United States was unlikely to succeed on the merits of many of its claims, and so denied in large part the motion for a preliminary injunction.”

The court did reverse the law that requires the examination of detention centers (AB 103) because it “discriminates against and impermissibly burdens the federal government, and so is unlawful under the doctrine of intergovernmental immunity.”

This court decision comes just six days after the 9th Circuit temporarily lifted a suspensionon the Migrant Protection Protocols, a Trump administration policy that requires immigrants seeking asylum in the United States to remain in Mexico while they wait to appear in U.S. immigration court hearings.

U.S. Customs and Border Protection have called the influx of migrants who are seeking asylum arriving in the United States from Mexico a “crisis“: “CBP is facing an unprecedented humanitarian and border security crisis all along our Southwest Border.”

Ports of entry across the southern United States in counties such as El Paso, Texas and Yuma, Arizona, are being closed because immigration officials cannot keep up with the record-breaking amount of people seeking asylum from Central America. Otero, New Mexico, declared a state of emergency Wednesday after checkpoints were closed “to assist with the processing of these aliens,” a CBP statement read.

Trump has threatened to send illegal immigrants to sanctuary cities as a solution to the crisis, saying in a tweet, “The [United States] has the absolute legal right to have apprehended illegal immigrants transferred to Sanctuary Cities. We hereby demand that they be taken care of at the highest level, especially by the State of California…


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2 Responses to 9th Circuit Sides With California Sanctuary City Laws And Against DOJ

  1. Diane April 20, 2019 at 5:58 pm

    Amazing how these Dems conveniently forget to distinguish between legal and illegal immigrants.

    Reply
  2. Miguel Espinosa, Jr. Jr. April 20, 2019 at 7:58 am

    What ever happened to the Christian adage, “Love thy neighbor”?
    Have Republicans become heathens when brown skin is concerned? Besides that, many of us believe the U.S. is an “illegal” country since it was established boy illegal immigrants from Europe. How conveniently Republicans forget history when it is inconvenient to remember the barbaric take over of native American land by murdering natives, raping their women and killing resistors. If the truth were told, we lhave no right to insist on Latin Americans staying out of this country that IS TOTALLY COMPRISED OF ILLEGAL ALIENS. How conveniently we forget how we became the United States of America on the backs of murdered native Americans.
    If The Daily Caller News Foundation were the least bit interested in justice, it would give this land called the USA back to othe natives, the rilghtful owners.

    Reply

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