Last week, a three-judge panel of the US Ninth Circuit Court of Appeals voted 2-1 against President Trump’s “Sanctuary Jurisdictions” Executive Order of January 25, 2017, finding that its key defunding provision was unconstitutional.
The three-judge panel sole dissenter was Ferdinand F. Fernandez, a George H. W. Bush appointee to the US Ninth Circuit Court of Appeals. He said, “While the counties may be convinced that the Executive Order loosed a fearsome chimera upon them, that does not mean that the courts should take up arms to vanquish the imagined beast by slaying the executive order itself.”
This was an incoherent, almost cynical remark considering the racist and immoral act perpetuated by President Trump’s “Sanctuary Jurisdictions” Executive Order of January 25, 2017 and his Attorney General Jeff Sessions’ militarized actions to reinforce the deep state within California and the rest of the United States.
Hopefully, Academia Avance and the other four dozen California schools, districts and education agencies that presented the amicus brief to the lawsuit filed by the counties of Santa Clara and San Francisco will be prepared to continue the fight. The heightened xenophobia that exists within the executive branch, with both GOP houses of Congress, and their militarized Department of Homeland Security are sure to appeal this US Ninth Circuit Court of Appeals ruling before the November 2018 elections. Nevertheless, this was a win for justice for all, providing evidence that there is judicial regard for the U.S. Constitution and its existing laws within the federal courts.
The plight of Romulo Avelica, the Avance parent, was specifically cited in the amicus brief. His sacrifice, and that of his family in the face of ruthless and inhumane bigotry did lead to a legal decision in the federal courts representing the greater good.
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