Judge Blocking Sanctuary City Order Apparently Still Thinks He’s Part of Obama Admin
“A judge just declared taxpayers must give money to a city that refuses to enforce federal immigration law while at the same time refusing to give any redress for the family of dead Kate Steinle due to that same sanctuary city policy. Judge William Orrick, a legacy of the liberal gentry whose grandfather founded one of the big corporate law firms in San Francisco, whose father also sat on the federal bench (and the left complains of nepotism?), and who, according to Public Citizen, bundled nearly a quarter of a million for Obama’s campaigns, blocked Trump’s executive order defunding sanctuary cities by claiming sanctuary cities’ refusal to actually enforce immigration law is an act of “immigration enforcement strategy.”
This, in the city that freed the killer of Kate Steinle just before he killed her. Oh, and by the way, liberal judges in the city also said that Kate’s family can’t sue the city for the sanctuary city policy that killed her.
Already infamous for intervening on behalf of abortion advocates to prevent the public from seeing exposes of their misdeeds and his prior litigation under Obama’s DOJ of Eric Holder and Loretta Lynch fame where Orrick spent years trying to prevent Arizona and Alabama from enforcing their immigration laws, Orrick now extended sanctuary city status as a right of local governments to choose their own “immigration enforcement strategy.” That’s right — a federal judge called a city’s refusal to enforce federal immigration law a “strategy” of “immigration enforcement.”
Welcome to liberal legalese: refusing to enforce the law is now an act of “enforcement” of the law.
This should come as no surprise as Orrick had an implicit conflict with Trump’s efforts. It was Orrick, at Obama’s Department of Justice, who supervised the office of immigration litigation, and fought state-level immigration enforcement efforts in Arizona and Alabama and elsewhere.
In other words, the same judge who said Trump cannot dispute a local government’s immigration actions filed suit to stop Arizona and Alabama from enforcing their own local immigration actions. Welcome to results-oriented legal jurisprudence of Obama judicial appointee liberalism where legal precepts, logical consistency and historical precedent have no role, just as the life of foreign criminals now enjoy more legal protection than the citizens safety of the Kate Steinles of America.
The irony is the Supreme Court appeared to invalidate Orrick’s judicial basis for his order when it validated Orrick’s own prior litigation theory while working for Obama, as reflected in the Supreme Court’s Arizona v. United States decision. Justice Kennedy declared the federal government’s authority to govern immigration as so “broad” and “undoubted” that it “preempted” many of Arizona’s attempts to have its own local immigration enforcement strategy.
The Supreme Court did not allow Arizona to pursue any “immigration enforcement strategy” as an “impermissible” intrusion on the exclusive power of the federal government, even to the degree that “even complementary state regulation is impermissible.”
Anything that could be an “obstacle to the full purposes and objectives of Congress” was considered “preempted” and prohibited. It is Congress that mandates no “state or local law” nor “state or local government entity or official” may “prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual.”
Yet, Orrick just ruled San Francisco can overrule both Congress and President Trump, and further that President Trump cannot interfere with San Francisco’s “sanctuary city” choice because the Judge claimed a right of San Francisco to its own “immigration enforcement strategy,” after the Supreme Court said no such right exists. Then how can Orrick rule consistent with the Supreme Court? He can’t. So, no surprise, Orrick mutilates the precedent on that issue.
How can Alabama and Arizona be prohibited from actually enforcing immigration law but San Francisco, the city that freed the killer of Kate Steinle, be given federal funds for its ignoring federal immigration law? When the federal judge still thinks he’s part of the Obama administration.”
….From the article by Robert Barnes @ LawNewz
Federal Judge Temporarily Blocks Part of Trump’s Immigration Order on Sanctuary Cities
|| Legal Insurrection
“A federal judge in California blocked a portion of President Trump’s January Immigration Executive Order Tuesday.
Jude William H. Orrick of United States District Court for the Northern District of California targeted the Trump administration’s promise to cut federal funding from “sanctuary cities” or cities who refused to cooperate with federal law enforcement concerning immigration matters.
From the New York Times:
The judge, William H. Orrick of United States District Court for the Northern District of California, issued a nationwide preliminary injunction against the administration, directing it to stop trying to cut off aid to sanctuary jurisdictions.
That said, the decision is pretty weak (NYT continued):
But the order does not prevent the federal government from moving forward on designating certain places as “sanctuaries,” nor does it keep the administration from enforcing conditions for doling out federal money if they already exist, as the Justice Department has already begun to do with some law enforcement grants.
San Francisco and Santa Clara County, which had asked the judge for an injunction, “have a strong interest in avoiding unconstitutional federal enforcement and the significant budget uncertainty that has resulted from the Order’s broad and threatening language,” the judge wrote, referring to Mr. Trump’s January executive order on immigration.
In March, AG Sessions announced the DOJ’s commitment to enforce 8 U.S.C. 1373, which allows the federal government to strip grant money from cities who willfully refuse compliance with federal communications guidelines as they pertain to local law enforcement and federal immigration officials:
“This guidance requires local jurisdictions to comply and certify compliance with Section 1373 in order to be eligible for OJP grants,” said Sessions. “It also made clear that failure to remedy violations could result in withholding grants, termination of grants, and disbarment or ineligibility for future grants. The Department of Justice will also take all lawful steps to claw back any funds awarded to a jurisdiction that wilfully violates 1373.”
All of this smells far more politically motivated than anything derived from sound legal doctrine. As I blogged in March:
If there is a legal mechanism to penalize sanctuary cities, we haven’t found it. It’s likely none exists because, despite threats, no administration has carried out a threat to withhold federal monies from disobedient rogue local governments.
There’s speculation aplenty as to how the Supreme Court might interpret a legal challenge to anti-sanctuary city guidance. Printz v. United States (highly cited in relation to this particular part of immigration discussion) held, “Congress may not compel a state or local government to implement federal regulatory programs, even if they are temporary functions.” Enforcing federal law is the responsibility of the federal government, thus immigration enforcement cannot and should not be delegated to local law enforcement. However, as 1373 indicates, local law enforcement are expected and required to communicate certain information to federal authorities.
Trump’s administration doesn’t seem afraid of legal tests, given his first immigration executive order, but it’s clear that sanctuary cities are in the crosshairs.”
….Continue reading more @ Legal Insurrection
Recent History | Arizona’s AB 1070 | Jun 2012
Supreme Court Overturns Three Sections of Arizona Immigration Law, Upholds Papers Check
|| ABA Journal
“The U.S. Supreme Court has struck down three contested sections of an Arizona law designed to crack down on illegal immigrants.
Justice Anthony M. Kennedy wrote the majority opinion (PDF) upholding just one contested section of the law—at least for now. The provision requires state and local police to check the immigration status of people who are stopped, detained or arrested on legitimate grounds, if there is a reasonable suspicion that the person is in the United States illegally.
“At this stage, without the benefit of a definitive interpretation from the state courts, it would be inappropriate to assume [the status-check provision] will be construed in a way that creates a conflict with federal law,” Kennedy said. “This opinion does not foreclose other pre-emption and constitutional challenges to the law as interpreted and applied after it goes into effect.”
The court overturned three other provisions on pre-emption grounds. “Arizona may have understandable frustrations with the problems caused by illegal immigration while that process continues, but the state may not pursue policies that undermine federal law,” Kennedy said.
The provisions struck down by the court:
• Make it a crime for immigrants to fail to obtain and carry federal registration documents. “Permitting the state to impose its own penalties for the federal offenses here would conflict with the careful framework Congress adopted,” Kennedy wrote.
• Make it a crime for illegal immigrants to work or apply for work. Federal law imposes civil rather than criminal penalties for illegal immigrants who engage in unauthorized work, Kennedy said. Although the Arizona law “attempts to achieve one of the same goals as federal law—the deterrence of unlawful employment—it involves a conflict in the method of enforcement,” Kennedy said.
• Authorize warrantless arrests when there is probable cause to believe a person has committed a public offense warranting deportation. Under federal law, an administrative document is issued when an alien is subject to deportation; the attorney general has discretion to authorize an arrest pending a removal decision. The state law authorizes arrests without federal input. “The result could be unnecessary harassment of some aliens (for instance, a veteran, college student, or someone assisting with a criminal investigation) whom federal officials determine should not be removed,” Kennedy said.
Kennedy was joined in his opinion by Chief Justice John G. Roberts Jr. and Justices Ruth Bader Ginsburg, Stephen G. Breyer and Sonia Sotomayor. Justice Elena Kagan did not participate in the case.
“It is fundamental that foreign countries concerned about the status, safety, and security of their nationals in the United States must be able to confer and communicate on this subject with one national sovereign, not the 50 separate states,” Kennedy wrote.
Justice Antonin Scalia would have upheld all four provisions, he wrote in a concurring and dissenting opinion. States had a long-time role in regulating immigration, and the Constitution did not eliminate their power to do so, he said. “Arizona has moved to protect its sovereignty—not in contradiction of federal law, but in complete compliance with it,” he wrote. “The laws under challenge here do not extend or revise federal immigration restrictions, but merely enforce those restrictions more effectively. If securing its territory in this fashion is not within the power of Arizona, we should cease referring to it as a sovereign state.”
Justices Clarence Thomas wrote that he would have upheld all four provisions, though he differed with Scalia on the reason. Justice Samuel A. Alito Jr. would have upheld three provisions.
The case is Arizona v. United States.
In a press release, ABA President Wm. T. (Bill) Robinson III applauded the holding striking down three provisions of the Arizona law. “As the ABA argued in the amicus brief it filed in the case, immigration law and policy are and must remain uniquely federal, with states having no role in immigration enforcement except pursuant to federal authorization and oversight,” Robinson said.”
….Continue reading more @ ABA Journal