California Gets it Wrong Again…Supersedes Federal Law: Now Trump is Taking Action
ICE flouts state law in arresting two people at Northern California courthouse
BY PAUL PRESTON, AENN
In an article from the L.A. Times from February 19, 2020 California officials are up in arms because Immigration and Customs Enforcement agents made arrests in court rooms in direct defiance of the state’s sanctuary laws.
The problem for California officials is that they do not understand the United States Constitution and Article VI paragraph 2 known as the ‘Supremacy Clause” which states “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
“Supremacy Clause” Bad News for California
California’s government for years has been passing thousands of laws after all when they have an 11 month legislative cycle every year you can pass any number of laws you want. In 1966 California passed Proposition 1A, the “Constitutional Revision Amendment”. Proposition 1A changed the California State Legislature from a part-time legislature to a full-time legislature, at the time making it one of seven states in the country with a full-time legislature. Now there are 10 states with full-time state legislatures the are: California State Legislature, Michigan State Legislature, New York State Legislature, Pennsylvania General Assembly, Alaska State ,Legislature, Hawaii State Legislature, Illinois State Legislature, Massachusetts State Legislature, Ohio State Legislature and Wisconsin State Legislature.
In October of 2017 California governor Jerry Brown signed into law the California bill, formally known as SB54 the so-called “sanctuary state” bill that limited cooperation between local officials and federal immigration enforcement. The measure was one of the most high-profile ways that Democrats in the state sought to push back against the Republican agenda, as President Donald Trump took a hard line on immigration and other issues that were significant to California state lawmakers.
The problem was the legislature and governor all knew as they passed SB 54 and signed it into law it stood in direct defiance of the “Supremacy Clause”. Now Trump is taking action by having federal ICE agent ignore California law and follow federal law.
By ASSOCIATED PRESS FEB. 19, 2020 7:13 PMSAN FRANCISCO —
U.S. immigration agents have arrested two people at a Northern California courthouse, including a man detained in a hallway on his way to a hearing, flouting a new state law requiring a judicial warrant to make immigration arrests inside such facilities.
Immigration and Customs Enforcement agents made the arrests Tuesday at Sonoma County Superior Court, prompting an outcry from criminal justice and court officials who said the action undermines local authority and deters immigrants who are in the country illegally from participating in the U.S. justice system.
ICE said in a statement that California’s law doesn’t supersede federal law and “will not govern the conduct of federal officers acting pursuant to duly enacted laws passed by Congress that provide the authority to make administrative arrests of removable aliens inside the United States.”
“Our officers will not have their hands tied by sanctuary rules when enforcing immigration laws to remove criminal aliens from our communities,” David Jennings, ICE’s field office director in San Francisco, said in the statement.
California is one of several states that have passed laws to push back on a Trump administration policy introduced two years ago to make immigration arrests inside courthouses. Last year, Gov. Gavin Newsom signed a law prohibiting immigration arrests at courthouses without a warrant issued by a judge.
The arrests in Sonoma County came days after U.S. Customs and Border Protection officials announced the agency will participate in ICE’s escalating immigration enforcement across the country in jurisdictions with so-called sanctuary policies.
Sonoma County Dist. Atty. Jill Ravitch, Public Defender Kathleen Pozzi and San Francisco Dist. Atty. Chesa Boudin condemned the arrests for undermining public safety. Sonoma County Counsel Bruce Goldstein called ICE’s actions lawless because the agents had no warrants.
“It’s now going to put total fear in the community,” Pozzi said in an interview with the Press Democrat. “People aren’t going to come to court. Victims will refuse to show up. Witnesses will refuse to show up … cases will have to get dismissed.”
A new crime drama from CBS weaves a tale that, sadly, has real-life antecedents, including the case of one Los Angeles man and his false confession.
ICE said both men had been arrested by immigration officers numerous times from 2004 to 2010 and returned to Mexico several times.
In one of the arrests, a Sonoma County public defender and an investigator confronted an ICE agent leading a 37-year-old man to an unmarked law enforcement vehicle, demanding information about the affiliation of the agent, who wore no uniform, and the name of the man being taken away, Pozzi said. The man was detained in a second-floor hallway of the courthouse before he could attend his court hearing, she said.
His lawyer, private defense attorney Martin Woods, said his client was a carpenter who was expecting to resolve his criminal case Tuesday. The man had been arrested on suspicion of felony domestic violence and misdemeanor drunken driving and had since been trying to take responsibility for the incident, Woods said.
In another case, witnesses said a federal agent in plainclothes confronted a man in the parking lot, at first putting out his hand as if offering a handshake then grabbing the man’s elbow before unzipping his own jacket to reveal a federal law enforcement badge, Pozzi said.
