Gov. Brown Vetoes Bill Allowing Undocumented Immigrants in Public Office

SACRAMENTO, CA - OCTOBER 27: California Governor Jerry Brown announces his public employee pension reform plan October 27, 2011 at the State Capitol in Sacramento, California. Gov. Brown proposed 12 major reforms for state and local pension systems that he claims would end abuses and reduce taypayer costs by billions of dollars. (Photo by Max Whittaker/Getty Images)

Gov. Jerry Brown vetoed a bill Thursday that would have allowed immigrants in the U.S. illegally to serve on state and local boards and commissions.

Brown said he believed “existing law — which requires citizenship for these forms of public service — is the better path,” according to the Los Angeles Times.

California state Sen. Ricardo Lara and Assemblywoman Wendy Carrillo, both Democrats, introduced the legislation.

The bill would have struck the phrase “transient aliens” from the government code, which first appeared in an 1872 provision to prevent mainly Chinese immigrants from holding civil positions, according to the LA Times.

California has taken some of the most progressive stances and is at the epicenter of the left’s battle against the Trump administration’s immigration policies. …

Click here to read the full article from The Hill

Bill to Stop ICE Arrests at State Courts Awaits Governor’s Signature

ICE 2A bill with the potential to worsen California’s already-frosty relationship with the Trump administration passed the Legislature on a near-party-line vote in late August and was presented to Gov. Jerry Brown for his signature last week.

Senate Bill 349, by state Sen. Ricardo Lara (pictured), D-Bell Gardens, is a direct response to the U.S. Immigration and Customs Enforcement’s embrace of the tactic of detaining unauthorized immigrants when they come to state courthouses to deal with matters in the California criminal justice system.

Exact statistics are not provided by ICE on its detentions. But there have been regular reports of ICE raids at state courts and their parking lots in California – especially in the Fresno area – as well as in Arizona, Texas and Colorado within the last year.

ICE officials issued a formal notice in January of their intent to go after targeted individuals when they have scheduled appearances in state courts. Some have said they moved to adopt new policies after the California Legislature adopted and Gov. Brown signed “sanctuary state” legislation last year limiting state cooperation with federal immigration officials.

Lara’s bill would specify that state court officials have the authority to block activities that interfere with the proceedings and operations at state courts. It would require federal immigration agents to have a warrant before they can enter schools, courthouses and state buildings to arrest or question people. It would ban civil arrests in courthouses and authorize the state Attorney General’s Office to pursue civil claims against individuals who violated SB349’s provisions.

The legislative aides who wrote the analysis of the bill cited historical evidence that the practice of not picking up people at courthouses for offenses unrelated to their visits – known as “the common law privilege for civil arrests” – goes back hundreds of years and far predates any controversy over illegal immigration.

Brown and state Attorney General Xavier Becerra have been joined in their sharp criticism of ICE’s tactics by California Supreme Court Chief Justice Tani Cantil-Sakauye. In a statement issued last month, she blasted arrests at state courts as “disruptive, shortsighted, and counterproductive … . It is damaging to community safety and disrespects the state court system.”

Some sheriffs want more cooperation with feds

Nonetheless, conservative sheriffs in some counties who oppose “sanctuary” policies are supportive of ICE’s aggressive tactics, according to a recent report in the Los Angeles Times. Fresno County Sheriff Margaret Mims is openly looking for ways to increase her department’s cooperation with ICE in spite of the state law.

That suggests that even if Lara’s bill is signed by Brown, some police agencies may be far less enthusiastic about enforcing it than others. Court battles over what exactly “sanctuary”-style laws compel these agencies to do seem likely.

At issue is the scope of the generally accepted doctrine that the federal government cannot compel state law enforcement agents to enforce federal regulations and that state laws prevail unless they directly conflict with federal laws.

Historically, conservatives in the post-Reagan era and Southern Democrats in the 1950s and 1960s have had more of a “states’ rights” approach to interpreting this doctrine, while liberals have leaned more toward the idea that the federal government deserves deference in gray areas open to different interpretations.

In the Golden State, these political roles have been swapped in the Trump era.

While sharply critical of the Trump White House on many immigration issues, Brown has not commented specifically on Lara’s bill. He has until Sept. 30 to sign or veto it and the hundreds of other passed bills he has not yet made a decision on.

Lara is the Democratic candidate for state insurance commissioner on the November ballot. He is running against Steve Poizner, who is now an independent after serving as insurance commissioner from 2007-2011 as a Republican.

This article was originally published by CalWatchdog.com

California has largest immigration court backlog

Christmas_Island_Immigration_Detention_Centre_(5424306236)California has the largest immigration court backlog, but the number of pending cases is growing more rapidly in other states, according to a new report.

Average wait times for hearings are also lengthening, according to the Transactional Records Access Clearinghouse of Syracuse University, an organization that analyzes data from immigration courts.

Regardless of political stance on immigration, most involved in the system agree that, for years, there haven’t been enough immigration judges for the volume of cases coming in. While the Trump administration has hired more judges, the backlog continues to grow.

Nationwide, the backlog grew to 746,049 cases through the end of July, according to TRAC. About 80 percent of those cases are in 10 states — California, Florida, Georgia, Illinois, Maryland, Massachusetts, New Jersey, New York, Texas and Virginia. (Immigration courts are present in 31 states or territories.)

California has the largest backlog at 140,676 cases as of the end of July. Maryland has the fastest growing backlog, at 33,384, which is almost double the number of cases in the state at the beginning of fiscal 2017. …

Click here to read the full article from the San Diego Union-Tribune

Trump Blasts Newsom’s Universal Healthcare Plan for Illegal Immigrants

trump-debatePresident Donald Trump on Friday blasted California Lieutenant Governor and gubernatorial candidate Gavin Newsom for supporting universal health care for illegal immigrants, asking, “What happens if the whole world decides to go to California?”

Speaking at a North Carolina event, Trump said Newsom wants “health care for everyone. He wants everything for everyone. He wants to open up the borders. He wants to take care of everyone.”

“And I was just saying, what happens if the whole world decides to go to California?” Trump continued.

Trump said Newsom’s plan means “they’re going to take care of the whole world.”

“Where do you stop?” Trump asked. “You’re going to take care of a lot of people, but they’re not going to be able to do it for very long because it’s not going to work.”

Earlier this week, Newsom said he would like to extend San Francisco’s universal healthcare plan for illegal immigrants that he ushered in when he was mayor to the rest of the state.

“I did universal health care when I was mayor. Fully implemented, regardless of pre-existing conditions, ability to pay, and regardless of your immigration status,” Newsom said. “San Francisco is the only universal health care plan for all undocumented residents in America. Very proud of that. We proved it could be done without bankrupting the city. I’d like to see that extended to the rest of the state.”

Newsom also claimed on Twitter that offering universal health care to illegal immigrants is “the economically smart thing to do.”

“If we don’t offer coverage to everyone – regardless of income or immigration status – we will still carry the expense,” Newson said. “Universal access isn’t just the right thing to do – it’s the economically smart thing to do.”

This article was originally published by Breitbart.com/California

Bill to Provide Free Healthcare for Adult Illegal Aliens Dies in CA Legislature

MedizinCalifornia Senate Bill 974, which would provide for “full-scope” Medi-Cal health benefits to all illegal aliens, died in the State Assembly after concerns about up to $3 billion in new costs.

“SB-974 Medi-Cal: Immigration Status: Adults” failed quietly in the Assembly’s Appropriation Committee on August 18, despite an effort to save part of the bill by reducing the cost of taxpayer coverage to $200 million by only covering adult illegal aliens 65 years and older.

After the Democrat-controlled California legislature passed “Health for All Kids” (SB 75) in 2016, which extended full Medi-Cal benefits to 200,000 illegal alien children under the age of 19, Senator Ricardo Lara (D-Bell Gardens) promised that he would fight to expand coverage to all adults who would be eligible, regardless of their immigration status.

When Lara introduced SB 974 on April 2, he told Politico that despite President Donald Trump’s crackdown on immigration, California Democrats continue to believe that health care is a civil right for all residents. “California has never waited for the federal government, or for a political climate, to be able to take leadership on a whole host of issues,” he said.

Lara and other California Democrats had been claiming that there would be no added taxpayer burden from SB 974, because California is already paying for poor undocumented adult illegal aliens through emergency rooms across the state.

But the non-partisan California Legislative Analyst’s Office (LAO) examination in May of the financial impacts of SB 974 revealed the cost for extending the coverage to full-scope Medi-Cal coverage for all eligible adult illegal aliens would be $4.74 billion — a $3 billion increase in the taxpayer burden above what is currently provided to illegal aliens through emergency rooms alone. …

Click here to read the full article from Breitbart.com/California

California Demands Trump, Congress Apologize to Illegal Aliens

border fence mexico immigrationCalifornia state legislators passed a resolution Thursday calling on Congress to formally apologize, and for President Donald Trump to join them in acknowledging wrongdoing in separating illegal alien family units at the border.

State Senators Kevin de León, Richard Pan, and Scott Wiener authored the joint resolution that was scheduled for debate, and passed on Thursday. KPBS reported just three legislators opposed — Joel Anderson, Mike Morrell, and Jim Nielsen — while 29 approved it, and eight didn’t vote.

The California Senate resolution calls on Congress to specifically apologize to the children separated from the adult foreign nationals who illegally brought them across the U.S. border. It also petitions Congress and President Trump to acknowledge wrongdoing in separating illegal alien adults and children.

The resolution describes the policy of separating foreign nationals who have crossed the border illegally as “detrimental.” De León described the separations as “government-sanctioned kidnapping.”

“They created the problem, they need to fix the problem and make sure there is clear accountability,” de León proclaimed in the California Senate resolution, according to the report. “We should apologize to these children we have permanently harmed,” said Sen. Pan. Pan compared family separation to U.S. WWII internment of Japanese citizens.

The 1997 Flores settlement under President Bill Clinton dictated that children could not be detained more than 20 days. That policy continued to exist under Presidents George W. Bush and Barack Obama. Due to the pre-existing policy, President Trump’s no tolerance border security policy resulted in separation of illegal alien adults held for crossing the border illegally,from children they brought over with them. …

Click here to read the full article from Breitbart.com/California

Judge temporarily halts deportations of reunified families

ImmigrationA judge on Monday temporarily blocked the federal government from deporting families who have just been reunified, as officials work under court order to match more than 2,500 children with parents they were taken from at the U.S.-Mexico border.

The decision is the latest in a class-action lawsuit brought by the American Civil Liberties Union to stop the government from separating families at the border and to reunite those who were split apart. In June, Judge Dana Sabraw ordered the federal government to reunite families, putting a deadline of July 10 for children younger than 5 and July 26 for older children.

Attorneys asked Sabraw to temporarily halt deportations while he decides whether to impose a more permanent seven-day waiting period between reunification and removal for cases in which the parents have been ordered deported.

In a court filing, the ACLU argued that giving families a week together would allow them time to decide what’s best for them, whether the children should stay to push ahead with their own immigration cases or go back to their home countries with their parents. …

Click here to read the full article from the L.A. Times

America Is Not a Nation of Immigrants

Statue of LibertyAmerica is a nation of immigrants. It’s a commonplace among the political class. Rep. Joe Kennedy (D-Mass.) and Senator Kamala Harris (D-Calif.), emergent leaders in the open-borders vanguard of the Democratic Party, never tire of saying so. Both object to the Trump Administration’s hard line on border control and have buttressed their calls for an “immigration reform” that would in effect re-open the floodgates of migrants from south of the border. The reason, they say, is that immigration is the defining characteristic of the nation.

It isn’t.

The “nation of immigrants” trope is relatively new in American history, appearing not until the late 19th century. Its first appearance in print was most likely The Daily State Journal of Alexandria, Virginia, in 1874. In praising a state bill that encouraged European immigration, the editors wrote: “We are a nation of immigrants and immigrants’ children.” In 1938, Franklin Delano Roosevelt said to the Daughters of the American Revolution: “Remember, remember always, that all of us, and you and I especially, are descended from immigrants and revolutionists.” John F. Kennedy would later use the term as the title of a book, written as part of an Anti-Defamation League series, so it is undoubtedly objective, quality scholarship.

But in 1874, as in 1938, and even in 1958 when JFK’s book was written, America was not a nation of immigrants. The women Roosevelt was addressing were not the daughters of immigrants but rather the descendants of settlers—those Americans who founded the society that immigrants in 1874 came to be a part of.

Curiously, yet another Kennedy understood this and might have a thing or two to say in protest against the “nation of immigrants” myth, even if he didn’t quite mean what he said.

During the U.S. Senate debate of the 1965 Immigration and Naturalization Act, Ted Kennedy, young Joe’s great-uncle, promised: “our cities will not be flooded with a million immigrants annually.” Today, with far more than a million new arrivals per year, it seems Ted’s words did not age well.

The liberal lion also promised that “the ethnic mix of this country will not be upset,” and America would not be flooded “with immigrants from any one country or area.” Yet in 2014, the number of Latinos in California finally overtook the number of whites. This, too, did not age well.

“The bill will not flood our cities with immigrants. It will not upset the ethnic mix of our society. It will not relax the standards of admission. It will not cause American workers to lose their jobs,” Kennedy assured his colleagues and fellow citizens. He was disingenuous at best. None of it worked out the way Kennedy promised in 1965.

The Emma Lazarus Myth
All of this is not presented simply to take a jab at young Joe, who is simply parroting the liberal line of the moment, but to highlight certain implicit truths—now disregarded by the progeny—in the assurances of his forebear.

If America has always been a nation of immigrants, why then did Ted Kennedy and others feel the need to reassure Americans that this nation would not be inundated by foreigners? This suggests that America was not, in fact, a nation of immigrants in the 1960s, and politicians aware of this spoke in this way to reassure a public equally aware of it and certainly unwilling to see America become a nation of immigrants.

Similarly, implicit in Ted Kennedy’s rhetoric is some recognition of the fact that mass immigration has the potential to change the country in ways that citizens might not like—such as by driving down wages and hurting native workers. Joe Kennedy, however, has suggested immigration is always a net good. Which Kennedy do we believe? (“Neither” is a perfectly acceptable answer.)

Then there is Kamala Harris. The freshman senator from California took the Independence Day holiday as an opportunity to claim the Declaration of Independence was signed by “immigrants” and performed the obligatory shout out to Emma Lazarus, who many liberal politicians believe wrote our immigration laws. Although Lazarus’ poem was added to the Statue of Liberty nearly two decades after the structure was dedicated, her belated verses became, at least to the Left, of more importance than the statue itself and the nation for which it stands. The idea of immigrants as all helpless “huddled masses” and “wretched refuse,” as Lazarus conceived, plays to the Left’s patronizing narrative of foreigners and citizen-subjects alike. But the problem with this conception of America’s immigrants, the late Daniel Patrick Moynihan (D-N.Y.) argued, is it’s a myth—and a bad one, at that.

“The 20 million-odd immigrants who arrived between 1870 and 1910,” said Moynihan, “were not the wretched refuse of anybody’s shores.” Rather, the fiery New York liberal concluded, they were an “extraordinary, enterprising and self-sufficient folk who knew exactly what they were doing and doing it quite on their own, thank you very much.”

Moynihan was right. America’s early immigrants were, with some exceptions (such as the Irish fleeing famine), Jewish tailors, Italian masons, German shopkeepers, skilled craftsmen, and artisans. It was not uncommon for these immigrants to make their fortunes in America and remigrate, either because they had never intended to stay or were induced by hardship. Those who stayed did so because they truly wanted to be American.

Lawbreaking Carries Huge Costs
To say that most of today’s immigrants do not have the qualities Moynihan adumbrated is not racist but rather an objective statement of facts, especially when 51 percent of households headed by an immigrant—legal or illegal—use at least one welfare program per year, compared to 30 percent of native households. Immigrants from Central America and Mexico, the bulk of today’s arrivals, have the highest rate of welfare use. Accordingly, the Left has shifted its politics to dangle a generous welfare-state before immigrants and illegal aliens.

Indeed, in 2017 the combined cost of education, medical, justice, and welfare expenditures attributed to illegal aliens alone amounted to $116 billion—up from $113 billion in 2013. That figure accounts for total taxes paid by illegal aliens. Moreover, it’s worth noting that amnesty for illegals would only exacerbate this problem, because amnesty would make available to them more forms of means-tested welfare benefits, and in turn increase the fiscal drain on American taxpayers.

While exceptional immigrants certainly still do arrive in the United States, progressive policy in the form of a generous welfare state has made it so immigrants no longer need to have the qualities of which Moynihan spoke.

But were America’s Founders immigrants, as Harris claims? Perhaps the simplest answer is found in the evolution of the English language in America. The term “immigrant,” Samuel P. Huntington informs us, did not come into usage in America until the 1780s—to distinguish new arrivals from the founding settlers.

Prior to the American Revolution, the English and the Dutch, according to historian John Higham, “conceived of themselves as founders, settlers, or planters—the formative population of those colonial societies—not as immigrants. Theirs was the polity, the language, the pattern of work and settlement, and many of the mental habits to which the immigrants would have to adjust.” If the Founders were immigrants, as some have mendaciously claimed, it would have been a tremendous surprise to them, because they certainly did not conceive of themselves as such.

By 1790, the population of the United States was 4 million. With the exception of a black minority and Indians, America was 60 percent ethnically English, 80 percent British—with Germans and the Dutch making up the remainder—and 98 percent Protestant. In 1797, John Jay noted specific attributes of American identity. In doing so, Jay did not simply adumbrate what “makes an American,” but made a distinction between settlers and immigrants. These are language (English), manners and customs (Anglo-Protestant), religion (Christianity), principles of government (British).

“We must,” Jay said of newcomers, “see our people more Americanized.”

Drawing from Huntington’s exhaustive demographic research, we find that while European wars kept immigration to a crawl, the overall American population increased by 35 percent between 1790 and 1800, 36 percent between 1800 and 1810, and 82 percent between 1800 and 1820. Huntington attributes the population explosion to high birth rates and fertility rates among the native-born population.

What Immigration Numbers Really Mean
Although it should be clear by now, the Left will never admit their claim of America as an historically multicultural-immigrant society is unsupportable, because that would damage their devil’s bargain with identity politics.

Concerning immigration patterns, from 1820 through 1924, 34 million new arrivals entered the United States, mostly from Europe. Throughout this period, intermittent waves of immigration were punctuated by pauses and lulls. These respites provided immigrants time to Americanize. By contrast, from 1965 through 2000, 24 million new arrivals entered the United States, mostly from Latin America and Asia, and with few if any pauses between waves. In just 35 years, America experienced nearly as much immigration as it did over a century. Nevertheless, from 1820 through 2000, the foreign-born averaged just over 10 percent of the total American population.

To claim that America is a “nation of immigrants” is to stretch a truth—that America historically has experienced intermittent waves of immigration—into a total falsehood, that America is a nation of immigrants. For the truth of the first thing to equal the truth of the other, every nation that experiences immigration may just as well be considered a “nation of immigrants.” Germans have lived along the Rhine since before Christ, yet Germany has also been swarmed by foreigners from the Middle East and North Africa. Is Germany, therefore, a nation of immigrants? A resounding nein is the answer we are hearing from Germans.

The Right Way to Live
Before America was a nation, it had to be settled and founded. As Michael Anton reiterated in response to New York Times columnist Bret Stephens: America is a nation of settlers, not a nation of immigrants. In that, Anton is echoing Samuel Huntington, who showed that America is a society of settlers. Those settlers in the 17th and 18th centuries—more than anyone else after—had the most profound and lasting impact on American culture, institutions, historical development, and identity. American began in the 1600s—not 1874—and what followed in the 1770s and 1780s was rooted in the founded society of those settlers.

“The most important fact to keep in mind when studying political changes in America is that the United States is a product of a settler society,” writes historian J. Rogers Hollingsworth.

Settlers, Anton explains, travel from an existing society into the wilderness to build a society ex nihilo. Settlers travel in groups that either implicitly or explicitly agree to a social compact. Settlers, unlike immigrants, go abroad with the intention of creating a new community away from the mother country. Immigrants, on the other hand, travel from one existing society to another, either as individuals or as families, and are motivated by different reasons; and not always good ones. Immigrants come later to be part of the society already built by settlers, who, as Higham wrote, establish the polity, language, customs, and habits of the society immigrants seek to join and in joining must embrace and adopt.

Justice Louis Brandeis would later echo Jay, declaring that the immigrant is Americanized when he “adopts the clothes, the manners, and the customs generally prevailing here . . . substitutes for his mother tongue the English language,” ensures that “his interests and affections have become deeply rooted here,” and comes “into complete harmony with our ideals and aspirations.” Only when the immigrant has done this will he have “the national consciousness of an American.”

Certainly, the Left (and a great many neoconservatives, for that matter) pays lip service to the principles that constitute what we call the American Creed: liberty, representative government, individualism, and equality. The principles of the Creed are transcendent of race and ethnicity, and it is for this reason that America has the capacity to assimilate foreigners into its society in a way that is unique to the rest of the world. One can become an American in a way that it is impossible to become a German, for example.

But the principles behind the Creed are universal because they are largely abstractions. As such, they do not tell us anything about the society that actually attracts the immigrants, nor do they tell us anything about the people whose culture fostered the Creed. This is generally as far as civic nationalists are willing to go. Either out of political expediency or for fear of being condemned as racists for merely stating that this nation has an historic demographic; upon whose culture the societal scaffolding of our nation was built, and thus laid the foundations of a Creed by which all men can live.

The “crucible in which all the new types are melted into one,” said Teddy Roosevelt, “was shaped from 1776 to 1789, and our nationality was definitely fixed in all its essentials by the men of Washington’s day.” These “essentials” are derived from the historic Anglo-Protestant, Middle American core of the nation, in whose culture we find the British traditions of law, justice, and limits upon government power, the English language, a legacy of European art, literature, philosophy, and music, Protestant moralism, and an ethic of self-control, self-reliance, and self-assertion.

In the Anglo tradition, Americans will find their customs, prayers, precepts, and political ideas; the bicameral legislature, the division of government powers, a legislative committee system, and so on. In the Protestant tradition, Americans find responsiveness of government to the people, their work ethic, individualism, a zeal for religious and cultural restoration, and a deep skepticism of centralized state power.

What the Multiculturalists Can Teach Us
The Creed did not appear spontaneously, it is the product of the culture of this nation’s historic Anglo-Protestant demographic. Millions of immigrants and their children attained prosperity in America because they Americanized and adopted Anglo-Protestant culture. There is no question that this is precisely what historically has been the case, and we can find affirmation in the words of the critics of Americanization.

Will Kymlicka, a multicultural theorist, argued in 1995 that before the 1960s, immigrants “were expected to shed their distinctive heritage and assimilate entirely to existing cultural norms.” This process of Americanization Kymlicka grudgingly labeled the “Anglo-conformity model.” “Anglo-conformity” is on target, and it is precisely this process that has benefitted both the nation and the immigrants who have embraced it. Moreover, there are two implicit truths in Kymlicka’s words: America was never a multicultural society, and Americanization was in full effect until the 1960s.

How effective? Prior to waves of sustained immigration from Latin America after the 1960s, the United States was a land of 200 million people virtually all speaking English.

The Left has fully rejected this older approach to assimilation as “un-American.” It is, to the Left, un-American to ask that foreigners respect our laws and, if they are so fortunate as to be admitted to this great nation, embrace the culture that made it all possible. According to the Left, America’s historic demographic is the only thing wrong with America at all, and if these native-born Americans will not acquiesce their forced obsolescence, then they should simply leave the country to make room for more “good Americans” who are not American at all. America, however, is “not the common property of all mankind,” as Anton has so correctly noted.

There are no patriots among those who have slandered or misconstrued the history, culture, and principles of this nation in an effort to subvert and destroy all that we call America. There are no patriots on the Left. America belongs to no one but Americans. It does not belong to the foreign masses of the world and it does not belong to the Left who, having rejected the American way, cannot count themselves among its patriots.

This article was originally published by the Center for American Greatness, Inc.

Correction: This article was edited slightly on July 12 to reflect that California’s Latino population overtook the white population in 2014; California did not become a majority Latino state. According to U.S. Census figures, the Golden State’s Latino population is 38 percent.

Photo credit: Getty Images

California Judge Blocks One, Upholds Two ‘Sanctuary State’ Laws

Sanctuary StateA federal judge in Sacramento partially blocked one of California’s “sanctuary state” laws, but upheld two others, on Thursday.

The U.S. Department of Justice (DOJ) filed a challenge in March against the Inspection and Review of Facilities Housing Federal Detainees law (AB 103); the Immigrant Worker Protection Act (AB 450); and the California Values Act (SB 54). Attorney General Jeff Sessions traveled specially to Sacramento for the filing.

Judge John Mendez, a George W. Bush appointee, declined the state’s request in April to transfer the case to a more liberal federal court San Francisco. That was thought to be a good sign for the Trump administration’s case, but the judge ruled largely in the state’s favor Thursday, upholding AB 103 and SB 54, while blocking enforcement of portions of AB 450.

Experts had predicted SB 54 would be upheld and that AB 450 would be struck down, but had also predicted that AB 103 would be unlikely to survive.

DOJ spokesman Devin O’Malley provided a comment via e-mail to Breitbart News, calling the ruling on AB 450 a “major victory,” but expressing disappointment in the court’s ruling on AB 103 and SB 54:

When they passed SB 54, AB 103, and AB 450, California’s political leadership clearly intended to obstruct federal immigration authorities in their state. The preliminary injunction of AB 450 is a major victory for private employers in California who are no longer prevented from cooperating with legitimate enforcement of our nation’s immigration laws. While we are disappointed that California’s other laws designed to protect criminal aliens were not yet halted, the Justice Department will continue to seek out and fight unjust policies that threaten public safety.

In his ruling, Judge Mendez wrestled with the question of whether the Constitution’s Supremacy Clause barred the state’s attempts to restrict federal enforcement of immigration laws within the state. The judge also considered whether the Tenth Amendment to the Constitution reserved California’s right to deny assistance to the federal government as it sought to enforce immigration laws.

(His decision only affected the application of DOJ for a preliminary injunction against the state’s effort to enforce its sanctuary laws; the final merits of the case are still yet to be decided later in the legal process.)

With regard to AB 103, under which California subjected federal immigration detention facilities to state inspection, Judge Mendez held: “The Court finds no indication in the cited portions of the [Immigration and Nationality Act] that Congress intended for States to have no oversight over detention facilities operating within their borders.” The specific federal contracts for the operation of the facility, the judge further reasoned, “demonstrate that California retains some authority over the detention facilities.” In allowing the state to review the condition of federal facilities, the judge wrote, the law did not allow the state to do very much at all: “For all its bark, the law has no real bite.” Other provisions of the law, Judge Mendez, created no real conflict with federal law.

In considering AB 450, which prevents private employers from cooperating with federal immigration law enforcement officials voluntarily, Judge Mendez found the task of balancing state and federal authority more difficult. “The Court finds AB 450’s prohibitions on consent … troubling due to the precarious situation in which it places employers,” he wrote. “Irrespective of the State’s interest in protecting workers, the Court finds that the warrant requirement [of AB 450] may impede immigration enforcement’s investigation of employers or other matters within their authority to investigate.” However, he added that state and federal law did not necessarily conflict: “Congress has not expressly authorized immigration officers to enter places of labor upon employer consent, nor has Congress authorized immigration enforcement officers to wield authority coextensive with the Fourth Amendment.”

Ultimately, Judge Mendez blocked AB 450’s monetary penalties on employers who comply with the federal government, because he found such fines violated the Supremacy Clause “under the intergovernmental immunity doctrine,” which prevents states from discriminating against the federal government or those residents who choose deal with it. He also blocked enforcement of a provision of the California law that prevents employers from voluntarily re-verifying the immigration status of employees.

Finally, on SB 54 — the most controversial of California’s “sanctuary state” laws — Judge Mendez declined to agree with DOJ. He upheld a section of the law preventing the state from assisting the federal government by providing the release dates of illegal aliens detained by state and local law enforcement. According to Judge Mendez, the state law did not, in fact, conflict with federal law, which he interpreted as merely requiring the states to provide the citizenship status of detainees.

Judge Mendez later added: “California’s decision not to assist federal immigration enforcement in its endeavors is not an “obstacle” to that enforcement effort … refusing to help is not the same as impeding.” If it were, the Tenth Amendment would be meaningless, he suggested. Congress had not specifically indicated a “clear and manifest purpose to preempt state law” in the relevant federal immigration laws.

Judge Mendez also accepted the state’s argument that helping the federal government enforce immigration law would hurt public trust in local law enforcement, and hence local public safety.

The judge concluded:

This Court has gone to great lengths to explain the legal grounds for its opinion. This Order hopefully will not be viewed through a political lens and this Court expresses no views on the soundness of the policies or statutes involved in this lawsuit. There is no place for politics in our judicial system and this one opinion will neither define nor solve the complicated immigration issues currently facing our Nation.

If there is going to be a long-term solution to the problems our country faces with respect to immigration policy, it can only come from our legislative and executive branches. It cannot and will not come from piecemeal opinions issued by the judicial branch. Accordingly, this Court joins the ever-growing chorus of Federal Judges in urging our elected officials to set aside the partisan and polarizing politics dominating the current immigration debate and work in a cooperative and bi-partisan fashion toward drafting and passing legislation that addresses this critical political issue. Our Nation deserves it. Our Constitution demands it.

Neither California Governor Jerry Brown nor Attorney General Xavier Becerra had commented on the ruling by Thursday afternoon.

Joel B. Pollak is Senior Editor-at-Large at Breitbart News. He is a winner of the 2018 Robert Novak Journalism Alumni Fellowship. He is also the co-author of How Trump Won: The Inside Story of a Revolution, which is available from Regnery. Follow him on Twitter at @joelpollak.

This article was originally published by Breitbart.com/California

Massive Immigration Protest Takes Over Downtown Los Angeles

Demonstrators flooded downtown Los Angeles on Saturday to protest against the Trump administration’s immigration policies.

Thousands of demonstrators, along with a handful of high-profile celebrities, lawmakers, and activists, participated in the Families Belong Together-Freedom for Immigrants March, demanding border agents reunite separated immigrant children from their parents who illegally crossed the Southern border.

Armed with signs that read, “Children are not criminals,” and “compassion has no border,” demonstrators began protesting outside Los Angeles city hall at 11:00 a.m.

Grammy award-winning singer John Legend and his wife Chrissy Teigen participated at the event and urged demonstrators to do more than protest the Trump administration’s immigration policies on social media.

“You can’t just talk about it or tweet about it. You’ve got to do something,” said Legend.

“I know that opening up Twitter right now feels like it can be a horror show, so much of the news is shocking and maddening and depressing,” the singer added. “I think some of us have a strong temptation to just disengage, but we can’t. We can’t do that. I can’t do that. I have to do something.”

The rally featured multiple speeches from activists from open-borders groups, including Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA).

In her address to rally attendees, CHIRLA’s Melody Klingenfuss introduced herself as “undocumented, unapologetic and unafraid.”

“We will not stop until all the families are judged by the content of their character and not the possession of a legal piece of paper,” Klingenfuss said.

The open-borders activist then led the crowd in a chant against the President —”Trump, where’s your heart!?” they shouted.

Leading California lawmakers, including Sen. Kamala Harris, Los Angeles mayor Eric Garcetti and Rep. Maxine Waters fired up the crowd with pro-immigration speeches.

“If you are pro-family, you cannot separate families,” Garcetti told demonstrators. “Mr. Trump, do your job. ICE, do your job.” “We’ve got a message for the White House,” the mayor added, “We care, and so should you.” Harris told attendees that today’s protest against the administration’s immigration policies represents “an inflection moment.”

“This is a moment in time that is requiring us to look in a mirror and ask a question, and that question is, ‘Who are we?’ I believe the answer is `We are better than this,’” the 2020 hopeful said.

California Lt. Gov. Gavin Newsom, State Sen. Kevin De Leon, Secretary of State Alex Padilla and members from the Council on American-Islamic Relations and the Women’s March LA Foundation also participated in the event.

Organizers for the march says an estimated 55,000 people attended the Los Angeles protest.

The Los Angeles rally was one of 700 demonstrations taking place across the county this weekend.

“Other #FamiliesBelongTogether Southern California rally locations include Pasadena, Irvine, Malibu, Laguna Beach, Carlsbad, National City, Ramona, San Diego, Palm Springs, Moreno Valley, Riverside and Temecula,” reports NBC 4.

This article was originally published by Breitbart.com/California