California & Sanctuary States

Apparently unmoved by these facts:

• 38.6% of all federal cases involved immigration (Source: DOJ),
  • 22% were drug related
  • 19.7% involved violent crimes
  • 10.2% involved other offenses.
• Illegal immigrants account for nearly 75 percent of federal drug sentences.
• The US Sentencing Commision says 33% of federal sentences involve illegals.

the state of California is prepared to make itself a “sanctuary state.” This could have the effect of a giant migration by illegals into California, taxing its citizens and its resources beyond the breaking point, and would thus be great for the rest of the country. It would be Hollywood getting exactly what it deserved.

But one thing that both the California Legislators and leftist liberals overlook is the Supremacy Clause of the U.S. Constitution. It says:

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, anything in the Constitution or Laws of any State to the Contrary notwithstanding.

In essence this means that no matter what Liberals or the Democratically-controlled legislature of California may think, federal law on subjects committed to federal control (of which immigration is one) are superior to and take precedence over state laws. The Supreme Court has repeatedly invoked the Supremacy clause to rule, for example, that state laws on abortion are unconstitutional in view of Roe v. Wade, and that because drug regulation is given over to the FDA, the FDA preempts warnings for drugs that state law might mandate. This is the doctrine of preemption.  No state has authority to regulate immigration, or to prohibit the United States from regulating immigration or enforcing immigration laws.

So, what’s really at issue here?

For years law enforcement has engaged in the placement of “retainers.” A soldier AWOL from the Marines is arrested in Texas for assault. He must stand trial in Texas for the assault, and when he has been discharged by Texas, the “retainer” hands him over to the Marines for their discipline. It’s the same with Immigrations and Customs Enforcement. When Jose is arrested in Los Angeles for assault, and he is illegal, the LA County Sheriff notifies the feds, and the feds place a retainer. If the charge is dropped, or if Jose is acquitted, he is not released back into the population, but his handed over to ICE to be deported.  This is how the system works.  Cops don’t stop people and ask them for their papers, but if they break the law and get arrested, the cops can and should turn them over for removal.  Who needs more foreign lawbreakers: we have plenty of our own.

Being a sanctuary state would mean that individuals subject to state law (sheriffs, etc.) would be prohibited from contacting federal authorities about illegal immigrants. Of course, they could still contact them about gun charges, DEA-related arrests, and similar matters, and those agencies could make referrals. But by and large the majority of arrests are made for state-law crimes, and so the non-reporting would have a very significant effect on the number of criminal aliens who get deported assuming that the federal government didn’t have a way to monitor who comes into the California legal system.  But since California uses computers, and those computers are linked to federal computers, the feds already have a way to monitor it.  And, of course, the majority of those computers were paid for with federal, not state, tax dollars.  All the feds need to do is request an on-going subpoena for the information.

The really funny part of this is that California thinks that this failure to notify and refusal to honor retainers would have some long term effect. ICE officials could still obtain lists of inmates at the county jails by computer, as pointed out earlier, or by warrant if necessary, and state officials could be forced by injunctions to comply with federal detainers. All that would change is the mechanism of enforcement, not the outcome. And in the process California would lose millions in federal funds while attracting thousands of deadbeat aliens to its state.  Its police and social service agencies would be inundated.  Thousands of new hungry unemployed aliens sounds like a good idea in exactly no one’s book.  If you think it’s fun to walk around Los Angeles now, imagine what it will be like when there are 200,000 illegal aliens with no work, no money, and no food eating out of soup kitchens (or taco trucks) there. Hollywood will secede from California and establish itself as a gated community.  Democrats will be voted out of office as tax rates rise to 25% (on top of federal rates).  It will take more than a broom and dustpan to clean up the mess.

While Obama allowed the idiots who run the larger cities to get away with blatant violations of federal law – what is essentially misprision of felony in federal law – President Trump is not going to let that happen. There will be consequences and they will be real and immediate. California does not get to opt out of federal law.

So, Californians, thank God and Donald Trump is your president.  Thank God that you won’t become the dumping ground for all illegal aliens.  And, by the way, have to good grace to shut up and stop whining.