(April 18, 2019, 12:50 p.m.) -- In an opinion released today, a three-judge 9th circuit federal appellate court panel has ruled against a Trump administration effort to block California's "sanctuary state" law (SB 54, that restricts local law enforcement from sharing certain information with federal immigration authorities) and two other Sacramento-enacted measures related to federal immigration enforcement.
The panel's opinion -- which can be viewed in full here -- upheld a Sacramento federal judge's ruling that concluded the SB 54 doesn't conflict with Congressionally-enacted federal immigration laws. SB 54 prohibits local officials from informing federal immigration officials (except in serious criminal cases) about immigrants' jail release dates. The appeals court's opinion reasons that at while Congress may have expected state cooperation on federal immigration matters, under the 10th amendment (powers reserved to the states), Washington doesn't have the authority to require the state's assistance. The appellate panel also upheld a CA law that requires private employers to alert workers before federal immigration inspections, and directed the lower-court judge to re-consider part of a third law that empowers CA's Attorney general to inspect federal facilities housing immigrants not detained for criminal offenses. In response to the 9th circuit opinion, CA Attorney General Xavier Beccera issued the following statement: "As much as all the attention is on whether Donald Trump obstructed justice, we continue to prove in California that the rule of law not only stands for something but that people cannot act outside of it. The Ninth Circuit ruled in our favor today, demonstrating that the rights of states and the 10th Amendment continue to thrive." The U.S. Justice Department (which sought to enjoin the three CA laws) didn't immediately respond. It could presumably seek en banc review by an 11 member 9th circuit panel or seek U.S. Supreme Court review of the state vs. federal immigration law issue. There's no immediate Tweet from President Trump on the 9th circuit opinion. [Scroll down for further.] |
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