Federal appeals court upholds California's sanctuary state laws - Kogonuso

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Apr 20, 2019

Federal appeals court upholds California's sanctuary state laws

A federal appeals panel upheld California's so-called sanctuary state laws, reinforcing a lower court ruling to keep them in place.

The three-judge panel of the U.S. 9th Circuit Court of Appeals unanimously rejected challenges by the Trump administration against California laws SB 54, AB 103 and AB 450, aimed at protecting immigrants in the state from arrest and deportation.
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In regards to AB 54, which limits cooperation between local law enforcement and federal immigration authorities, the court ruled that the state's "refusing to help is not the same as impeding" efforts to enforce federal immigration laws.

The judges ruled that they had "no doubt that SB 54 makes the jobs of federal immigration authorities more difficult," but California "has the right" to refrain from assisting in their efforts.

The panel ruled that AB 103, which prohibits state and local agencies from entering into contracts with the federal government regarding immigration, was not invalid because "even if AB 103 treats federal contractors differently than the state treats other detention facilities," the U.S. failed to demonstrate that it treated other facilities more favorably.

Lastly, the panel ruled that AB 450, which requires Immigration and Customs Enforcement to obtain a judicial warrant before entering a place of business and restricts employers from sharing information with the agency, did not "violate the intergovernmental immunity doctrine."

They stated that "an employer is not punished for its choice to work with the federal government, but for its failure to communicate with its employees."

Thursday's decision upheld a ruling by U.S. District Judge John Mendez that dismissed the United States' argument against the three laws.

California Attorney General Xavier Becerra issued a statement following the ruling, stating it allowed the rights of stats and the 10th Amendment to continue to thrive.

"We continue to prove in California that the rule of law not only stands for something but that people cannot act outside of it," Becerra said.

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