California at war - Sanctuary City Laws

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Attorney General Jeff Sessions ordered the U.S. Department of Justice (DOJ) to file a lawsuit on behalf of President Donald Trump and his administration against the State of California, Gov. Jerry Brown, and Attorney General Xavier Becerra, seeking a court order that California’s sanctuary city laws violate the U.S. Constitution. This case is likely ultimately heading to the U.S. Supreme Court.

“In this action, the United States seeks a declaration invalidating and … enjoining the enforcement of certain provisions of California law,” the 18-page lawsuit begins. “These provisions are preempted by federal law and impermissibly discriminate against the United States, and therefore violate the Supremacy Clause of the United States Constitution.”

“The United States has undoubted, preeminent authority to regulate immigration matters,” the initial complaint continues. “This authority derives from the United States Constitution and numerous acts of Congress. California has no authority to enforce laws that obstruct or otherwise conflict with, or discriminate against, federal immigration enforcement efforts.”

DOJ Court Filings: U.S. Constitution Forbids California Sanctuary City Laws

On Monday evening, the city council in Los Alamitos, a small city in Southern California, voted 4 to 1 to exempt itself from State Bill 54, also called the California Values Act and the "sanctuary state" law, which took effect in January. The state law, which is being challenged by the U.S. Department of Justice, bars local authorities from asking about the immigration status of people during routine interactions or participating in federal enforcement actions.

"This is important for us, for our city, for our community," Warren Kusumoto, the mayor pro tempore of Los Alamitos said Monday before the vote. He said the local measure was needed because of "a conflict between two governing documents — the Constitution of the United States and the state constitution itself."

According to the mayor, at least 13 other municipalities in the state are considering similar opt-out measures on the sanctuary law. He wouldn't identify the cities but said they are located in the high deserts of Southern California as well as Orange and San Diego counties, all the way up to Northern California's Shasta County.

"It's great to see cities in California fighting back against the illegal sanctuary state and lawlessness of the California Democrats," said Assemblyman Travis Allen, a Republican candidate for governor whose Assembly district includes Los Alamitos.

Small city of Los Alamitos opts out of California's sanctuary law, and mayor says more will follow

Cohen, an immigrant from Israel, said he came to the U.S. legally and that everyone else should, too. He arrived 27 years ago with a tourist visa and became a legal resident after marrying his U.S. citizen wife.

"The law is the law and has to be enforced all over the country," he said. "The country is a law-and-order country and you have to come here legally."

Los Alamitos wants nothing to do with California's 'sanctuary state' laws. Will it start a new resistance?

Jamiel Shaw Sr., the father of a California teen killed by an illegal immigrant, says that Oakland Mayor Libby Schaaf (D) has “blood on her hands” as a result of preemptively announcing a recent ICE raid.

Father of teen killed by illegal alien blasts sanctuary city mayor: ‘She has blood on her hands’


Three illegal immigrants, who avoided capture after Oakland Mayor Libby Schaaf blew the whistle on a raid by federal immigration authorities last month, have since been re-arrested for new crimes including robbery and spousal abuse, ICE officials said.

Illegal immigrants, who dodged California ICE raid after Dem mayor's tip-off, re-arrested for new crimes

"What the mayor of Oakland did the other day was a disgrace. They had close to 1,000 people ready to be gotten, ready to be taken off the streets ... many of them, they say 85 percent of them are criminals and had criminal records. And the mayor of Oakland went out and warned them all, scattered, so instead of taking in a thousand they took in a fraction of that."

Trump said that the mayor’s actions put the lives of federal agents in danger:

Pres. Trump Calls Oakland Mayor ‘A Disgrace’

Homan forcefully denied the accusation on "The Ingraham Angle," questioning why Congress would want any federal agency not to enforce the laws.

"I didn't think Congress was in the business of enacting laws they didn't want law enforcement to enforce. ... We enforce the laws that Congress enacted," he said, adding that the state's sanctuary law is "forcing" him to devote more enforcement resources to California.

"No one asks the FBI or DEA or ATF or local police departments not to enforce the law."

ICE Director Hits Back at CA Dems Over Possible Raids: 'We Are Enforcing Laws Congress Enacted'

Thomas The acting director of Immigration and Customs Enforcement told a Fox News host the agency would increase its presence in California in response to the state's so-called sanctuary state law.

Speaking to Neil Cavuto on Fox News on Tuesday, Thomas Homan said he couldn't believe California had voted to become a sanctuary state, calling the decision terrible and saying the state wants "to put politics ahead of public safety."
"California better hold on tight," Homan said. "They're about to see a lot more special agents, a lot more deportation officers in the state of California."
"If the politicians don't want to protect their communities," he said, "then ICE will."

California 'sanctuary state' law leads ICE to gear up, director says - CNN

"I feel that Sacramento, the elected leaders up there, are bullying us into violation of the oath of office that we took," Mayor Pro Tem Warren Kusumoto said.

Kusumoto wrote the ordinance, which states it's impossible for the council members to honor the U.S. Constitution while still complying with the sanctuary state law.

He suggested his peers choose to comply with the federal government.

"We really don't believe in the sanctuary bill and we would like to take a position to state our case and make it clear to our residents where we stand," Mayor Troy Edgar said.

Los Alamitos opts out of sanctuary state law

Mr. Sessions told a crowd of more than 200 law enforcement officials in a hotel ballroom that he would not stand for the insubordination of California lawmakers and what he called the dangerous obstruction of federal immigration laws.

A 10-minute walk away, in a briefing room of the State Capitol, Gov. Jerry Brown unleashed a tirade against Mr. Sessions and the Trump administration. He said that the administration was “full of liars” and that Mr. Sessions was “basically going to war against the state of California.”

Jeff Sessions Scolds California in Immigration Speech: ‘We Have a Problem’



California responds:


Immigrant advocates, including the American Civil Liberties Union of Southern California, said Los Alamitos must follow state law and will be sued if the measure passes.

“State law is not a recommendation,” said Emi MacLean, staff attorney at the National Day Laborer Organizing Network. “It is not optional.”

Los Alamitos Wants Out Of California’s Sanctuary State Status

On Saturday night, residents of Oakland received an urgent message from Mayor Libby Schaaf.

Schaaf said she had heard from multiple sources that immigration agents would be conducting enforcement operations "starting as soon as within the next 24 hours" and urged those here illegally to take precautions.

Oakland mayor faces backlash after notifying residents of possible immigration enforcement


"How dare you vilify members of our community by trying to frighten the American public into thinking that all undocumented residents are dangerous criminals," said Schaaf.

Oakland mayor responds to Attorney General's 'how dare you' remarks

SACRAMENTO, Calif. - Calling it a "reign of terror," Governor Jerry Brown minced no words in his response to what he considers a declaration of war from U.S. Attorney General Jeff Sessions, who announced Wednesday the filing of a federal lawsuit against the state of California for its sanctuary policies.

"What Jeff Sessions said is completely not true," said Brown. "I call on him to apologize to the people of California."

Gov. Jerry Brown fires back at Sessions' federal lawsuit

Gov. Jerry Brown on Wednesday slammed U.S. Attorney General Jeff Sessions for "initiating a reign of terror" against immigrants in California.

Sessions on Tuesday filed suit against the state over three new laws, passed last year to protect immigrants living in California illegally, that he argues violate the supremacy clause of the U.S. Constitution and interfere with federal immigration enforcement.

"This is basically going to war against the state of California, the engine of the American economy," Brown said. "It's not wise, it's not right and it will not stand."

Trump ‘basically going to war’ with California, Jerry Brown says

What are your thoughts?
 
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thecolorsblend

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If the federal government doesn't have the final say on national immigration policy, we should just go ahead and dissolve the United States of America since it's obviously not a legit country.
 
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anna ~ grace

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This sounds like it could boil into a secession issue. I have never understood the logic of state versus national laws, or state vs. state laws. Medical marijuana is legal here but not there. Previously, homosexual marriage was legal in a couple of states, but no where else. I can get busted for x in one state but not in another.

That makes absolutely no sense to me. It's one country. I know, it's part of our legal and political model. But it still makes no sense to me.
 
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derpytia

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I don't have words for Federal vs State. But what I do know is our current governor, Jerry Brown, is not to be trusted. I lean a little towards the left but even I can see that he's not trustworthy. If he wants to make a "war" out of this it'll be because he's proclaimed it so.
 
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Arcangl86

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Lol, California says state law is not a suggestion, but Federal law is.....Hmmmm
It's an established Constitutional principle that the States cannot be coerced into enforcing federal law. As long as California doesn't actually prevent federal law from being enforced, they are within the law.
 
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Followers4christ

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California is clearly within it's rights to do this. The Federal government needs to leave states alone.

Really they are not in it's rights as telling employers to not talk to federal government under threat of fines is illegal. Anyway here are the laws that are being challenged:

• AB 450 prohibits private employers from cooperating with federal immigration officials and requires that private employers notify employees in advance of a potential worksite enforcement inspection. DOJ claims that this forces California employers to be caught between state and federal law. Business owners could be fined $2,000 to $10,000 for failing to comply with AB 450.

• SB 54 prevents local law enforcement from providing information to federal authorities about the release date of undocumented immigrants who are in their custody and bans the transfer of these criminal immigrants to federal custody. This breaks federal law that pertains to communication between government agencies and the Immigration and Naturalization Service, DOJ officials said.

• AB 103 imposes a state-run inspection and review of the federal detention of immigrants held in facilities pursuant to federal contracts and includes a review of immigration processes and the circumstances in which immigrants were apprehended. This review applies only to facilities with civil immigration detainees. The law seeks to regulate federal immigration detention, according to the complaint, which is not allowed under the Constitution.

Justice Department suing California over three 'sanctuary state' laws; Gov. Brown calls complaint 'political stunts'

"It is a big case because what you have is the issue of defiance by a state or federal law, that's what the federal government is claiming," said former California appellate justice James Ardaiz.

The basic issue is one of federal constitutional law. If they don't take action against California then every other state is going to do the same thing. Which is very serious," said Ardaiz.

Ardaiz says there is only one way for California to win their argument in court and that is to prove that their laws do not violate federal immigration law.

"Which is a very difficult position to take because generally speaking, federal immigration law preempts nationally," said Ardaiz.

Former state appellate justice believes California sanctuary laws lawsuit will be heard by Supreme Court

Law professors who read the lawsuit filed by Attorney General Jeff Sessions generally described it as a credible challenge that presents complex legal questions that might wind up before the U.S. Supreme Court.

"The arguments made by the Justice Department are not at all lightweight arguments," said Pepperdine law school professor Douglas W. Kmiec. "They are quite substantial."

That law requires private employers to give workers 72 hours' notice before inspections by immigration authorities.

"A state can't act in a way that impedes the achievement of a federal objective," University of California, Berkeley law school Dean Erwin Chemerinsky said.

Are California's Sanctuary Laws Vulnerable in Court? Yes, Say Legal Experts.
 
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hmmm...it's interesting seeing the Republican Party return to it's roots of trying to strip States of rights they don't like. :lost:
tulc(old school!) :D

Sort of like the Democrats did when Obama was president.

Obama administration sues Arizona over immigration law

It is funny Obama not only sued Arizona over Immigration laws but also said this statement that sounds sort of like what Trump is trying to do today:

"those who enter our country illegally, and those who employ them, disrespect the rule of law. And because we live in an age where terrorists are challenging our borders, we simply cannot allow people to pour into the United States undetected, undocumented, and unchecked. Americans are right to demand better border security and better enforcement of the immigration laws." -Obama, 2006

Obama Speech - Floor Statement on Immigration Reform - Complete Text

So maybe we should stop playing the game that Republicans are the "evil" ones trying to "strip" states of rights, shall we? It cracks me up when Democrats claim Republicans are nothing more then racist and evil when the Democratic party has a long history of racism and many things people can consider evil. Let's stop this game as both parties are not perfect and has flaws.

Democratic Party's Racist History | [site:name] | National Review
 
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tulc

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Wait...aren't they saying basically the same thing but trying to do the opposite? It's the federal governments job to do this not the State? So in California the Trump Administration wanted to make the State to do their job while in Arizona it was the federal government saying this is our job to enforce the law, not yours? :wave:
tulc(is wondering how these conversations always seem to end up being about President Obama or Sec Clinton?) :scratch:
 
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Followers4christ

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Wait...aren't they saying basically the same thing but trying to do the opposite? It's the federal governments job to do this not the State? So in California the Trump Administration wanted to make the State to do their job while in Arizona it was the federal government saying this is our job to enforce the law, not yours? :wave:
tulc(is wondering how these conversations always seem to end up being about President Obama or Sec Clinton?) :scratch:

Yes it's the federal government job to enforce it's Immigration laws just as it's the states responsibility to enforce it's own laws unless it goes against federal Immigration laws. That's the problem here in California the state are getting in the way of federal immigration laws from being enforced like the Oakland mayor giving everyone a heads up before ICE conducted it's operations or the state telling employers that they will be fined 10,000 if they work with the federal government.

That part is just common sense as you said "Republican Party return to it's roots" yet assume nobody brings up our former Democrat president of also telling a state how to run it's own states immigration laws.
 
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More interesting news that is unfolding on this issue:

The council’s move inspired officials in Orange County and the cities of Aliso Viejo and Buena Park to consider adopting similar measures against California’s sanctuary law.

Orange County Supervisor Michelle Steel said in a statement Tuesday that she plans to present a similar ordinance to the Board of Supervisors.

"I thank the City of Los Alamitos for standing up for its citizens and rejecting the so-called ‘sanctuary' legislation passed in Sacramento, and I urge the County of Orange and all of our cities to do the same," Steel said in the release.

Aliso Viejo Mayor Dave Harrington said his council will discuss similar action next month.

“It is a great thing what they did,” Harrington told the Orange County Register. “I think they were spot-on, that we take the oath of office to uphold the Constitution of the United States.”

More California cities looking to reject state's sanctuary law

Looks like California is at war with not just the federal government but also against itself.
 
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tulc

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More interesting news that is unfolding on this issue:

The council’s move inspired officials in Orange County and the cities of Aliso Viejo and Buena Park to consider adopting similar measures against California’s sanctuary law.

Orange County Supervisor Michelle Steel said in a statement Tuesday that she plans to present a similar ordinance to the Board of Supervisors.

"I thank the City of Los Alamitos for standing up for its citizens and rejecting the so-called ‘sanctuary' legislation passed in Sacramento, and I urge the County of Orange and all of our cities to do the same," Steel said in the release.

Aliso Viejo Mayor Dave Harrington said his council will discuss similar action next month.

“It is a great thing what they did,” Harrington told the Orange County Register. “I think they were spot-on, that we take the oath of office to uphold the Constitution of the United States.”

More California cities looking to reject state's sanctuary law

Looks like California is at war with not just the federal government but also against itself.
Yep, that sounds even more like old school Republicans! :D
tulc(is going to make pop corn and watch things burn) :)
 
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Yep, that sounds even more like old school Republicans! :D
tulc(is going to make pop corn and watch things burn) :)
It seems it's just the Democrats whining cause they lost the presidency, the Senate and both houses of Congress. On top of that liberal California seems to be divided against itself big time and the federal government bringing lawsuits against California for it's unlawful stance on immigration. So it seems like the Democrats are the ones being roasted as they care more about fighting Trump then serving the people who elected them.

Btw I am not a registered Republican and live in California. I can see the Democrats dividing the state and it's sad to see this childish stand to just get back at Trump instead of what's best for our state. As I said before both parties have faults. But instead of this childish "war" the Democratic party is starting we should be focusing on the issues that will make this state and the nation better for all Americans. Wouldn't it be awesome if both parties would come together regardless of who is president and do what's best for the people who they are supposed to serve instead of tearing each other down at our expense?
 
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tulc

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It seems it's just the Democrats whining cause they lost the presidency, the Senate and both houses of Congress. On top of that liberal California seems to be divided against itself big time and the federal government bringing the fight to California. So it just sounds like old school Democrats to me.
...which sounds a lot like old school Republicans also: "I'm exasperating this as much as I can but it's always going to end up being the Democrats fault!", wash, rinse, repeat. :D

Btw I am not a registered Republican and live in California.
I'm always startled by how few people will admit to being a Republican while simultaneously pushing the Republican talking points. It's almost like a lot of people don't want to admit to having President Trump be the face of their Party or something? :sorry:

I can see the Democrats dividing the state and it's sad to see this childish stand to just get back at Trump instead of what's best for our state. As I said before both party have faults. But instead of this childish "war" the Democratic party is starting we should be focusing on the issues that will make this state and the nation better for all Americans.
I rest my case. :wave:
tulc(understands that reluctance about claiming President Trump) :eek:
 
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Followers4christ

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I'm always startled by how few people will admit to being a Republican while simultaneously pushing the Republican talking points. It's almost like a lot of people don't want to admit to having President Trump be the face of their Party or something? :sorry:


I rest my case. :wave:
tulc(understands that reluctance about claiming President Trump) :eek:

The only Republican I voted for was Bush on his second term. Mostly I am a independent. To be honest I was hoping either Mike Huckabee or Marco Rubio would win as I would happily vote for either of them. Between Trump and Clinton I could not vote for either of them. But now that Trump is our president I will stand behind him and pray he makes the best decisions for our country as I did for our last president. Wanting Trump to fail is wanting America to fail as he is representing us.

I had the same views when Obama was president so not sure what your point is. I didn't vote or agree with Obama but stood behind him as president and prayed for him as I do President Trump.

As for the "talking points" if it's true it's true. Facts do not cater to emotionalism.
 
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The anti-sanctuary movement is gaining momentum.

On Thursday, three days after Los Alamitos made national news by launching a city ordinance to defy California’s so-called sanctuary law, two Orange County supervisors plan to introduce measures that range from a county resolution similar in spirit to the ordinance passed in Los Alamitos, to filing a lawsuit against the state.

Meanwhile, Los Alamitos Mayor Troy Edgar has created a GoFundMe page to help his city pay legal expenses that figure to come when the city is sued by pro-immigrant and civil-rights groups. Edgar hopes his page, called “Mayor Edgar’s — Stop Sanctuary Law,” will raise $100,000.

“We’re getting an outpouring of support from across the country and the nation. People are offering to help with legal costs for little Los Alamitos,” said Edgar, who said he has received more than 5,000 emails since the council’s 4-1 vote Monday night to exempt the city from a state law that protects immigrants living illegally in the country.

Orange County supervisor suggests suing California over immigration sanctuary law – Orange County Register

Attorney General Xavier Becerra is asking that a federal lawsuit between the state and the United States over immigration laws be moved from Sacramento to San Francisco, where legal experts said California may have a better chance at prevailing.

California seeks to move Trump sanctuary lawsuit from capital to San Francisco

Attorney General Jeff Sessions took his war against sanctuary cities to California on Wednesday,....

"Stop treating immigration agents differently from everybody else for the purpose of eviscerating border and immigration laws and advancing an open borders philosophy shared by only a few, the most radical extremists," Sessions said

Jeff Sessions takes immigration fight to California - CNNPolitics
 
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