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Old 09-17-2017, 07:48 PM
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finnbow finnbow is offline
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Quote:
Originally Posted by whell View Post
I'm not talking about the 10th Amendment. I'm talking about the Supremacy Clause. What California is doing is not granting non-citizens special status under state law...
The issue is whether the Federal government can compel California to use state resources to enforce Federal law. They can't, per the Scalia opinion I cited, nor per the recent ruling in Federal court:

A federal judge on Friday blocked the Justice Department from withholding grant funds from places that do not provide immigration authorities access to local jails or give advance notice when suspected illegal immigrants are to be released — dealing a major blow to the Trump administration’s vowed crackdown on sanctuary cities.

U.S. District Judge Harry D. Leinenweber in Illinois wrote in a 41-page opinion that Attorney General Jeff Sessions had probably exceeded his lawful authority when he imposed new conditions on particular law enforcement grants, requiring recipients to give immigration authorities access to jails and notice when suspected illegal immigrants are to be released.

The judge blocked Sessions from implementing the conditions not just on the city of Chicago — which had sued over the matter — but also across the nation, writing that there was “no reason to think that the legal issues present in this case are restricted to Chicago or that the statutory authority given to the Attorney General would differ in another jurisdiction.”


https://www.washingtonpost.com/world...152_story.html
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