DoJ to sue California over sanctuary city policies
Yes, elections have consequences.
The Department of Justice has filed suit against the state of California that alleges obstruction of federal immigration enforcement. The suit is against three California laws that were passed this year that make it harder for the federal government to enforce immigration law.
The litigation is modeled on a lawsuit the Obama administration filed in 2010 against a controversial state law in Arizona that sought to crack down on illegal immigrants [sic], SB 1070. That case resulted in a Supreme Court ruling finding that some provisions of the Arizona law unconstitutionally intruded into Congress' right to set federal immigration policy.
Attorney General Jeff Sessions is traveling to California to tout the new lawsuit on Wednesday morning in a speech to law enforcement officials in Sacramento.
"The Department of Justice and the Trump administration are going to fight these unjust, unfair and unconstitutional policies that have been imposed on you," Sessions will tell the California Peace Officers Association meeting, according to excerpts of his planned remarks. "We are fighting to make your jobs safer and to help you reduce crime in America. And I believe we are going to win."
California Gov. Jerry Brown and Attorney General Xavier Becerra, both of whom were named as defendants in the suit, denounced the Trump administration's action.
"At a time of unprecedented political turmoil, Jeff Sessions has come to California to further divide and polarize America. Jeff, these political stunts may be the norm in Washington, but they don't work here. SAD!!!" Brown wrote on Twitter.
How about the irony of using an Obama administration procedure that targeted state enforcement of immigration law to battle sanctuary cities? Sweet.
The state attorney general says they are following the Constitution. But of what country?
"We're following the Constitution and federal law," the state attorney general said in a conference call with reporters. "We're doing nothing to intrude in the work of the federal government to do immigration enforcement. We recognize and respect that the federal government has authority over immigration enforcement."
The state Senate leader, Kevin de León, said California won't help federal officials "rip children from the arms of their mothers."
Oh, the humanity! Don't liberals ever get tired of gross exaggeration?
The Trump administration's lawsuit comes as top federal immigration officials are seething at California officials for flouting federal immigration laws. Just last week, the senior official at Immigration and Customs Enforcement, Thomas Homan, blasted Oakland Mayor Libby Schaaf for warning residents about impending immigration raids. Homan said the move put officers at risk.
Homeland Security Secretary Kirstjen Nielsen lauded the decision to file the suit.
"California has chosen to purposefully contradict the will and the responsibility of the Congress to protect our homeland," Nielsen said in a statement. "I appreciate the efforts of Attorney General Sessions and the Department of Justice to uphold the rule of law and protect American communities."
Some Republicans immediately praised the lawsuit as putting the federal government's authority first.
"Homeland security and immigration is primarily a federal government responsibility," Oklahoma Sen. James Lankford tweeted. "To keep families safe and maintain an orderly immigration system, states must work with, not against, federal entities."
On a practical level, this suit will be tied up in court for years and will almost certainly land at the Supreme Court. What will the make-up of the court be at that time? I know many people who hated Trump who voted for him because they were terrified of what would happen if Hillary Clinton got to name two or three Supreme Court justices – not to mention continue the Obama administration's assault on the federal judiciary.
Yes, elections have consequences. Republicans who are disgusted with their party should think about that before deciding to stay home next November.