The Department of Justice filed a lawsuit Tuesday evening contesting the Constitutionality of California’s “sanctuary state” laws. The lawsuit is aimed at three laws that were recently passed through the California legislature: HB 450 or The Immigration Worker Protection Act which passed in October of 2017, SB 54 or the California Values Act which passed in October of 2017, and AB 103 or The Inspection and Review of Facilities Housing Federal Detainees Law which passed in June of 2017. The DOJ argues that the state of California is in violation of the Supremacy Clause, which clearly states that federal law is considered the supreme law of the land as it takes precedent over state laws and state constitutions.
The Constitution of The United States Of America, Article VI, Clause II:
“This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby; anything in the Constitution or laws of any State to the contrary notwithstanding.”
The Governor of California, Jerry Brown, held a press conference to refute the lawsuit filed Tuesday evening by Attorney General Jeff Sessions. The Governor became unhinged as he claimed, “This is really unprecedented for the chief law enforcement officer of the United States to come out to California and act more like Fox News than a law enforcement officer.” The Governor went so far as to claim, “This is basically declaring war against the state of California, the engine of the American economy.”
Governor Jerry Brown deteriorated even further as he began making statements regarding matters completely unrelated to the DOJ lawsuit. Governor Brown descended into inane comments surrounding the special counsel investigation with no way to link those comments to the matter at hand, illegal immigration. He appeared to be defensive and unglued throughout the entire press conference, as if his legal counsel notified him that the Supreme Court generally upholds the Federal Government’s positions on immigration policy.
The California Governor was defensive because he knows that his argument stands no chance before an objective judge. The federal government sets immigration policy and the Supreme Court has upheld that concept time and time again. According to documentation from the Cornell Law School, it appears Governor Brown does not understand the Supremacy Clause too well.
The Legal Information Institute at Cornell Law School identifies the Supremacy Clause as the following:
“Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions. It prohibits states from interfering with the federal government’s exercise of its constitutional powers, and from assuming any functions that are exclusively entrusted to the federal government. It does not, however, allow the federal government to review or veto state laws before they take effect.”
The state of California is clearly obstructing the federal government’s Constitutional duty to enforce immigration laws and impose immigration policies. The most recent example of obstruction to ICE’s enforcement of immigration laws came from Oakland, California Mayor Libby Schaaf.
The Mayor of Oakland decided to alert illegal alien communities in her jurisdiction of Immigration and Customs Enforcement (ICE) raids to be conducted, which was meant to round up criminal illegal aliens. As a result of her notification, illegal aliens previously convicted of sex crimes, among many others, were able to flee capture.
The lawsuit issued by the DOJ addresses California’s latest attempt to obstruct federal immigration policy. The state of California attempted to subvert federal immigration policy by enacting laws, HB 450, SB 54, and AB 103, which turned the state into a massive sanctuary for illegal aliens. All three laws fly in the face of current federal immigration policy, which is considered the supreme law of the land as outlined in Article VI, Clause II of the United States Constitution.
The state of California has no right to subvert federal immigration law nor do they reserve the right to obstruct justice when it comes to the federal government’s enforcement of those laws. The state of California claims they are not impeding the federal government when it comes to illegal aliens that have been convicted of various felonies in a court of law. However, we know that not to be true as they deliberately ignore ICE detainer requests upon the convictions of those very same illegal aliens.
Any rational interpretation of the nation’s immigration laws puts California in violation. If they do not like the laws as they currently are, they can lobby to have them changed at the federal level. But until those changes take place the current immigration policy is the law of the land. The time has come for California to fall in-line with federal immigration policy.