Jeff Sessions is in town to speak the California Peace Officers Association in Sacramento. No doubt he will talking big game about the lawsuit filed Tuesday in the US Eastern District of California. The lawsuit names California Governor, Jerry Brown, and Attorney General Xavier Becerra personally as defendants.
The lawsuit claims that Senate Bill 54, Assembly Bill 450, and Assembly Bill 103 all violate the supremacy clause of the US Constitution and interfere with the enforcement of federal immigration law.
These are the three specific laws:
- SB 54 restricts local law enforcement officials from notifying federal immigration agents about the release dates for prisoners in their custody who have been convicted and therefore face deportation. It also prohibits local officials from transferring those prisoners to federal custody.
- AB 450 forbids private employers from cooperating with immigration agents who conduct worksite enforcement operations. The law also requires employers to tell their workers when federal agents are coming to conduct inspections
- And AB 103 requires the state to inspect detention facilities where federal authorities are holding immigrants who face deportation.
Article VI of the constitution states the following:
All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
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 Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.
Basically, it states the the Constitution is the Supreme Law of the Land.
I am certainly not a lawyer, but I do know how to read. I have found nothing in the Constitution that addresses immigration. In fact, only naturalization is addressed. Moreover, that time in history when racist immigration laws were passed, such as the evil Chinese Exclusion Act in the 1880s, it was found to be unconstitutional by the Supreme Court. The court further added that “aliens” whether here legally or illegally are persons and the Constitution protects all persons from governmental deprivation of life, liberty and property without due process.
Yick Wo v. Hopkins (1886) In Yick Wo v. Hopkins, a case involving the rights of Chinese immigrants, the Court ruled that the 14th Amendment’s statement, “Nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws,” applied to all persons “without regard to any differences of race, of color, or of nationality,” and to “an alien, who has entered the country, and has become subject in all respects to its jurisdiction, and a part of its population, although alleged to be illegally here.” (Kaoru Yamataya v. Fisher, 189 U.S. 86 (1903) )
Wong Wing v. U.S. (1896) Citing Yick Wo v. Hopkins, the Court, in the case of Wong Wing v. US, further applied the citizenship-blind nature of the Constitution to the 5th and 6th amendments, stating “. . . it must be concluded that all persons within the territory of the United States are entitled to the protection guaranteed by those amendments, and that even aliens shall not be held to answer for a capital or other infamous crime, unless on a presentment or indictment of a grand jury, nor be deprived of life, liberty, or property without due process of law.”
Plyler v. Doe (1982) In Plyler v. Doe, the Supreme Court struck down a Texas law prohibiting enrollment of illegal aliens in public school. In its decision, the Court held, “The illegal aliens who are plaintiffs in these cases challenging the statute may claim the benefit of the Equal Protection Clause, which provides that no State shall ‘deny to any person within its jurisdiction the equal protection of the laws.’ Whatever his status under the immigration laws, an alien is a ‘person’ in any ordinary sense of that term… The undocumented status of these children vel non does not establish a sufficient rational basis for denying them benefits that the State affords other residents.”
A list of all immigration laws can be reviewed here.
So, again, I am no legal scholar but I am guessing that Mr. Sessions has not read up on the pertinent case law and that the pathetic president has made him file this frivolous lawsuit against the State of California, errr, excuse me, Jerry Brown and Xavier Becerra as a gimmick to his followers because he got punked by the California State Legislature.
This is yet another reason to impart on our kids and future generations the importance of reading for understanding. You never know, you may have to grow up and be like Jerry Brown and Xavier Becerra and and have to defend yourself against ignorance and racism!
At any rate, no one in Sacramento seems to be too concerned. Here’s a tweet from the AG, and named party, Xavier Becerra.
No matter what happens in Washington, #California will stay the course and enforce all our laws and protect all our people. That’s how we keep our communities safe. #Immigration
Governor Brown released the following statement in response via Twitter:
“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!!!”
“Sad” is word that the President uses in tweets.
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