Trump threatens to defund ‘out of control’ California

As reported by the Sacramento Bee:

President Donald Trump is threatening to withhold federal funds from “out of control” California if the state declares itself a sanctuary state.

“If we have to, we’ll defund,” Trump said in an interview with Fox News host Bill O’Reilly before the Super Bowl. “We give tremendous amounts of money to California, California in many ways is out of control, as you know.”

Trump was responding to a question from O’Reilly about efforts by Democratic state legislators to make California a de-facto “sanctuary state” that would restrict state and local law enforcement, including school police and security departments, from using their resources to aid federal authorities in immigration enforcement. …

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California Democrats’ Sanctuary Includes Violent Criminals

People march through downtown Los Angeles supporting amnesty for illegal immigrants living in the United States Saturday, Sept. 2, 2006. The event, called "La Gran Marcha Laboral," was organized by the March 25 Coalition, which put on a massive protest in Los Angeles earlier this year. (AP Photo/Oscar Hidalgo)

Senate President Pro Tem Kevin de Leon (D-Los Angeles) and Assembly Speaker Anthony Rendon (D-Paramount) have been clear that they oppose California allowing the state or its sanctuary cities from cooperating with immigration officials unless the individual committed a violent crime.

Under California law, throwing acid at someone or rape of an unconscious, intoxicated or mentally ill victim is not considered a violent crime. Neither is vehicular manslaughter, assault with a deadly weapon, arson, solicitation of murder or exploding a destructive device or explosive with intent to injure. 

A recent article by Jazmine Ulloa, Los Angeles Times makes this clear distinction:

After being accused of rape, Andrew Luster jumped his $1-million bail and was later captured in Mexico by a bounty hunter on TV.

Ventura County prosecutors said he drugged three women and videotaped the assaults, and a jury convicted him of 86 counts of poisoning, sexual battery and rape of an unconscious or intoxicated person. But with none of his offenses listed among the 23 crimes that California considers “violent” felonies in its penal code….

In drawing the line at crime violence, why would Kevin de Leon and Anthony Rendon extend sanctuary and protection to predators like Andrew Luster?

While Eric Holder will be in Sacramento tomorrow, collecting his $25,000 a-month-taxpayer-funded-check from the state’s taxpayers via our Legislature, he needs to be the adult in the room and ask the Democratic leadership to remove their rose-colored glasses and realize that there are distinctions between “hardened criminals,” “undocumented immigrants,” and those who perpetrate the abbreviated state list of “violent crimes.”

Ending “sanctuary city” ordinances does not mean that law enforcement in those communities become “quasi immigration enforcement officers.” Rather, it reopens the door to the real need of providing continued cooperation between law enforcement and immigration officials and ensuring societally dangerous and violent criminals are identified, detained and deported. They should also include those convicted of gang activities, rape, arson or those who sexually assault the elderly or mentally ill victims.

The following crimes are not covered by the definition of violent crimes under recently passed Proposition 57:

  • Vehicular manslaughter
  • Human trafficking involving a minor
  • Battery with personal infliction of serious bodily injury
  • Throwing acid or flammable substance
  • Assault with a deadly weapon
  • Assault with a deadly weapon on a peace officer or firefighter
  • Discharging firearm at an occupied dwelling, building, vehicle or airport
  • Rape where victim legally capable of giving consent
  • Rape by intoxicating substance
  • Rape where victim unconscious of the act
  • Rape/sodomy/oral copulation of unconscious person or by use of date rape drugs
  • Rape by threat of public official
  • Inflicting corporal injury on a child
  • Domestic violence
  • Arson of a structure or forest land
  • Arson of property
  • Solicitation to commit murder
  • Grand theft firearm
  • Assault with a deadly weapon by state prison inmate
  • Any felony involving the personal use of a deadly weapon
  • Holding a hostage by state prison inmate
  • Exploding a destructive device or explosive with intent to injure

Hector Barajas is a partner at Merino, Barajas & Allen, a California strategic communications and public affairs firm. As a nationally recognized expert on Latino politics and public policy issues, he serves as an on-air political analyst for Univision and Telemundo.

This piece was originally published by Fox and Hounds Daily

Bill making CA a sanctuary state is approved Senate committee

Opportunistic California Democrats are presenting bills to refute the recent immigration executive orders of President Donald J. Trump, to protect Americans.

kevin de leon 2Senate President Pro Tem Kevin de Leon, D-Los Angeles, the author of Senate Bill 54, says that ”immigrants are valuable and essential members of the California community” and all attempts to enforce immigration laws create fear of the police among “immigrant community members” who fear “approaching police when they are victims of, and witnesses to, crimes.”

Despite the wave of refugees coming to the United States from Syria and Iraq under the Obama administration, California Democrats are denying national security issues, in favor of political opportunism. California is home to the largest illegal-alien population in the country, with 35 sanctuary cities. President-elect Trump has vowed to build a border wall and deport immigrants that have a criminal record, which he estimates to be two-three million.

Several bills authored by Senate Democrats in the California State Legislature are meant to be a thumb in the eye of President Donald J. Trump over immigration laws.

SB6 by Sen. Ben Hueso would create a state program to fund legal representation for illegal aliens facing deportation, and AB3 by Assemblyman Rob Bonta would create taxpayer-funded training for defense attorneys and public defenders on immigration law for illegal aliens.

The third bill, SB54 by Sen. Pres. Pro Tem Kevin de León, heard Tuesday in the Senate Public Safety Committee, seeks to restrict local police and sheriffs from working with federal immigration enforcers. SB54 prohibits law enforcement from responding to federal requests for notification when a jail houses someone who might be the subject of an immigration enforcement action. Whether the immigrants are here legally or not, and whether they have committed crimes in the United States, this bill effectively prohibits communications between local law enforcement and federal authorities.

SB54 specifically prohibits almost all cooperation and communication with federal immigration authorities.

Sen. Pres. Pro Tem Kevin de León and California Democrats essentially want to bar state and local resources from being used for immigration enforcement. De León said Tuesday the cost to California to help U.S. Immigration and Customs Enforcement (ICE) detail suspected illegal immigrants is $65 million.

Proponents of SB54 claimed the Trump administration’s executive order is just more racial profiling, and California’s long-standing history of welcoming immigrants overrides illegal immigration enforcement.

Concerned about releasing criminal illegal aliens back into society, Sen. Jeff Stone, R- Temecula, asked repeatedly for assurances that the bill would not allow this. “When we have dangerous felons, undocumented felons, in prison, should they NOT be deported and prosecuted under the law?” Stone asked de León. Stone said he was concerned they will be released back into communities and cause heinous crimes, similar to what happened to Kate Steinle, who was murdered by a five-time deported criminal illegal alien.

Stone said the bill was making California a sanctuary state, if passed in its virgin form. Stone tried to get de León to agree to an amendment regarding criminal illegal aliens, but de León resisted.

“The bill decouples criminal acts from immigration statute,” de León said. “It doesn’t stop ICE from doing their job,” dodging the question.

Stone questioned de León again, asking if he would “be supportive of any amendment to allow local law enforcement to pick up dangerous criminal immigrants.”

“It’s not necessary,” de León said. “There is nothing stopping ICE from getting the individual.”

Another dodge from Stone’s question, splitting hairs. Stone asked if local law enforcement would be able to assist ICE only in cases of criminal illegal aliens, and de León replied, there is nothing stopping ICE from doing this – no mention of local law enforcement assistance.

“What is particularly alarming is a very false dichotomy, fueled by hyperbole and rhetoric,” said Committee Chairwoman Sen. Nancy Skinner, D-Berkeley. “All of us wand hardened criminals prosecuted under the law. We are watching now a pitting of the people against each other – of immigrants. That is not right.” Skinner talked again, for the third or fourth time in two days about “easily manipulable fear,” and said “the state of California will not be compliant with authoritarian policies.”

Cynthia Buiza of the California Immigrant Policy Center, a witness at the hearing in support of SB54, launched into an out-of-order editorial, calling Trump’s order “anti-immigrant, zenophobic and propaganda,” explains more from her organization’s website: “The California Values Act answers the ugly slurs of xenophobia with a simple but profound truth: all people are created equal. Against Trump and other forces who seek to demonize and persecute immigrants, the Golden State must embrace and defend our common humanity and deepest values.  Getting law enforcement out of painful deportations, protecting the integrity of public spaces, and rejecting any registry which target Muslims will send a potent message to the nation – and the world.”

From the Bill:

SB-54 would, among other things, prohibit state and local law enforcement agencies and school police and security departments from using resources to investigate, detain, detect, report, or arrest persons for immigration enforcement purposes, or to investigate, enforce, or assist in the investigation or enforcement of any federal program requiring registration of individuals on the basis of race, gender, sexual orientation, religion, or national or ethnic origin, as specified. The bill would require state agencies to review their confidentiality policies and identify any changes necessary to ensure that information collected from individuals is limited to that necessary to perform agency duties and is not used or disclosed for any other purpose, as specified. The bill would require public schools, hospitals, and courthouses to establish and make public policies that limit immigration enforcement on their premises and would require the Attorney General, in consultation with appropriate stakeholders, to publish model policies for use by those entities for those purposes.

SB54 passed the Senate Public Safety Committee along party lines.

This article was originally published by the Flash Report

San Francisco sues Trump over his ‘sanctuary city’ order

As reported by the Fresno Bee:

San Francisco sued President Donald Trump on Tuesday, claiming an executive order that cuts funding from immigrant-protecting “sanctuary cities” is unconstitutional and a “severe invasion of San Francisco’s sovereignty.”

The federal government cannot “put a gun to the head of localities,” City Attorney Dennis Herrera said, arguing that the order violates states’ rights and the law.

The complaint, filed in federal district court, names Trump and his administration and claims the president is trying to coerce local authorities into abandoning sanctuary city policies, which San Francisco has adopted.

“Strong cities like San Francisco must continue to push the nation forward and remind America that we are a city that fights for what is right,” Mayor Ed Lee said.

The president signed an order last week to withdraw funding from sanctuary cities that decline to cooperate with federal immigration authorities. It did not specify what kind of money could be pulled. …

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Will Taxpayers Come to the Aid of Sanctuary Cities?

People march through downtown Los Angeles supporting amnesty for illegal immigrants living in the United States Saturday, Sept. 2, 2006. The event, called "La Gran Marcha Laboral," was organized by the March 25 Coalition, which put on a massive protest in Los Angeles earlier this year. (AP Photo/Oscar Hidalgo)

President Donald Trump started the process of denying federal grants to cities that don’t cooperate with federal immigration laws. Mayors of many large California cities, but not all, have declared they will resist the order and keep sanctuary status for undocumented immigrants. If the president is eventually successful in denying funds to sanctuary cities will local taxpayers bail out cities with additional tax revenue? That would be the ultimate test of voters’ support or rejection of sanctuary city policy.

We are a long way from that point but it is worth considering. Congress has to approve the reduced revenue to sanctuary cities. Lawsuits will be adjudicated since challenges are bound to be filed claiming the federal government cannot deny funds for local policies. Local government leaders in California also promise to establish funds for individuals to defend themselves against federal immigration deportation actions. These lawsuits and legal defense funds will add to taxpayer costs.

The debate over sanctuary for illegal immigrants is being fought on moral grounds. One side calls it a human rights issue. The other side asks how long civil society can function if people or institutions pick and choose the laws they will obey.

But support for and against the sanctuary policy may ultimately be measured in dollars and cents.

One indication of support or lack thereof for sanctuary policy is a poll conducted by UC Berkeley’s Institute of Government Studies. That poll showed 73 percent opposed the idea of sanctuary cities and that opposition was across the political spectrum. Yet, a more recent poll from the Hoover Institution had an even split on the question of sanctuary cities.

IGS director Jack Citrin points out that the poll results depend on how the question is asked. “In the IGS Survey which simply focused on cooperation with federal authorities in the case of someone arrested and detained, a large majority opposed non-cooperation, but this declined and became more polarized by party and ideology in the Hoover question which gave reasons for each position and noted that police chiefs felt this might deter cooperation in solving other crimes,” he said.

Citrin notes that Trump’s opposition to the policy tends to polarize the attitude of voters.

So will taxpayers be willing to support politicians defiance with their dollars, especially as some officials advocate for more taxes to increase traditional government services?

Citrin’s view: “This would be a good test of public opinion, particularly if the price was simply to hand over people charged or convicted as criminals. California has been willing to raise taxes recently, but mainly taxes on the rich. This kind of a tax might have a chance in highly liberal communities which now are exuding bravado and resistance but again depending on the framing and the size of the tax it wouldn’t be a slam dunk.”

This piece was originally published by Fox and Hounds Daily

Sanctuary Cities: Is it Racist to Oppose Them? James Lacy Argues No

Is it racist to argue against sanctuary city policies?

In this video from France 24, California Political Review Publisher James Lacy makes the case that obviously it is not, given cases like Kate Steinle’s 2015 murder.

‘Sanctuary California’ Faces Bankruptcy if Trump Withholds Federal Funds

california empty pocketsAlthough Los Angeles Mayor Eric Garcetti warned President-elect Trump that defunding sanctuary cities would cause “social, economic and security problems,” Sanctuary California could face bankruptcy if the Trump administration follows through on threats to pull billions in federal funding.

There are 300 “sanctuary cities” and counties around the United States that have policies in place blocking local law enforcement from complying with U.S. Immigration and Customs Enforcement detainer requests for immigration holds.

An ICE detainer is a written request for a local jail or other law enforcement agency to detain an individual for an additional 48 hours (excluding weekends and holidays) after his or her release date, in order to provide ICE agents extra time to decide whether to take the individual into federal custody for removal purposes.

The Department of Justice’s Inspector General issued a memorandum in August that advised that sanctuary city practices violate federal law. The IG finding empowers Sen. Jeff Sessions (R-AL), if confirmed as U.S. Attorney General, to strip sanctuary cities — including New York, Los Angeles, Chicago and Washington, D.C. — of certain federal law enforcement grants. He can also seek court orders to strip federal grants from any government entities refusing to comply with U.S. laws.

Sessions applauded the finding: “Now, the law and the American people demand that this administration cease its acquiescence in this illegality. The Obama administration must immediately take action to withhold significant federal law enforcement funding for these offending jurisdictions.”

Mayor Garcetti and other big city Democrat mayors have defiantly said after Trump’s election that despite the federal government providing an average of 25 percent of state and local government general revenues, they still will not comply with ICE holds.

The reason local government can afford to flout the incoming Trump administration without much fear,is that 95 percent of the $620 billion in federal intergovernmental transfers are block-granted directly to states, who then make transfers to their cities and counties. Direct federal block grants to local government amount to only about $30 billion, and half of that is untouchable as public health and Homeland Security funds.

But there are four Democrat-controlled “Sanctuary States” that are also defying federal law by refusing to honor ICE detainer requests for immigration holds. Connecticut, New Mexico, and Colorado receive relatively small amounts of federal dollars due to low population. But the State of California, with the largest population, is the top receiver of federal funds in the nation.

Of California’s $252.5 billion in total estimated government spending for fiscal year 2015, the federal government provided $93.6 billion, or 37 percent. That works out to a stunning $6,451 for every man, woman and child in the state.

The breakdown of California’s federal funding, by department, includes: 52 percent for Health and Human Services (Medicaid); an average of 25 percent of all state and local government’ general revenues for Labor and Workforce Development, 14 percent for Education; 6 percent for Transportation; 2 percent for Legislative, Judicial and Executive; and 1 percent for General Government, which includes Natural Resources, Environmental Protection, Corrections and Rehabilitation, State and Consumer Services.

Breitbart News reported in May that Moody’s Global Credit Research fiscal stress-tests found that California was already the least prepared large state to weather the next recession. The credit rating service followed up in August with a warning to municipal bondholders that the plummeting financial condition of many California counties, cities, school districts and other agencies would soon result in large numbers of municipal bankruptcy filings.

The only time in the last 40 years California that suffered a 3.7 percent or more of GDP decline was the 4.4 percent plunge in 2009 during the Great Recession. Given the state’s precarious financial condition, any cut-off of federal funds by the Trump Administration could bankrupt California and many of the state’s local government entities.

This piece was originally published by Breitbart.com/California