Challenge to California Immigration Law Leaves Judges Skeptical
The 9th U.S. Circuit Court of Appeals continues to be at odds with the Trump administration, which has requested that California block a law limiting police cooperation with immigration officials. However, the court expressed the status of another state law, which extends protections to people in the U.S. illegally. So far the Trump administration has sued the state of California regarding three similar laws, claiming that they are obstructing the efforts of the federal government concerning immigration.
However, Judge Milan Smith shared at a hearing that although U.S. officials of the federal government may find these laws to be very frustrating, that does not automatically make them illegal. Just “because it’s an obstacle doesn’t mean it’s illegal, right?” he said.
State Law Prevents Divulgence of Inmate Information
The law in question prevents state law enforcement agencies form sharing personal information – including release dates – of jail inmates. The Trump administration urges that they need this information in order to remove those dangerous individuals who are in the U.S. illegally.
Judge Andrew Hurwitz believes that it does not interfere with the federal government’s immigration efforts, but rather just prevents them from “affirmatively helping.” He expressed that the law does not require them “to be helpful.”
A History of Contention
In 2018 the Trump administration exerted much effort to crack down on and eliminate “sanctuary jurisdictions,” which it says enable criminals to remain on the streets. This point of contention between the Democratic-dominated state of California and the Trump administration is nothing new. In fact, California has sued the Trump administration numerous times, mostly in regards to health, the environment, and immigration.
California believes that its policies serve to promote trust between law enforcement and immigrant communities, encouraging both those who have born witness and those who have been victims of crimes to report them.
Do California’s Laws Undermine the Federal Government?
The California attorney general’s office holds steadfast to its three laws, noting that there is “nothing in the Constitution or federal immigration law [that] divests the state of the authority to make those choices” that safeguard the health and welfare of California residents.
However, the Justice Department begs to differ. It argued in court documents that the Constitution does give federal government the pre-eminent power to regulate immigration, and that the bills when considered both individually and collectively serve to undermine that power.
The Attorneys at Talamantes Immigration Law Firm, APC Can Help
If you or a loved one is dealing with issues surrounding immigration in the state of California, you should not have to deal with them alone. Consulting with a knowledgeable and experienced immigration attorney can help you to understand your options so that you may act accordingly in your own best interest. To learn more about how Talamantes Immigration Law Firm, APC can help, or to schedule a consultation, visit us online or call us at 619-916-4570 today!
Posted in: Immigration Law