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SCOTUS: California Sanctuary State Law Challenged

November 22, 2019

 

WASHINGTON, DC: Today, Southeastern Legal Foundation filed an amicus brief with the U.S. Supreme Court supporting the federal government’s lawsuit against California’s unconstitutional and unlawful sanctuary state laws. A critical constitutional issue that engages federal, state and local governments – and public safety – is the decades-long issue of sanctuary jurisdictions.  SLF’s General Counsel, Kim Hermann, explained that “the Supreme Court must take the case now, without any further delay because if California’s sanctuary state law survives, it no doubt opens the door for other like-minded states to obstruct the lawful removal of illegal aliens and upend the entire federal immigration scheme.”  SLF Of Counsel Kurt Hilbert, who co-wrote the critical brief, said, "Current federal law is clear, and California is in violation of that law.  This is an issue the Supreme Court can and should clarify."

 

Sanctuary jurisdictions are those that refuse to cooperate and instead obstruct immigration enforcement.  For nearly two decades, these cities have willfully violated federal law in an attempt to shield illegal aliens from removal from the United States.  While the public safety harms caused by sanctuary cities cannot be overstated, the legal harms are just as great.  Sanctuary jurisdictions, by definition, violate federal law.  Specifically, federal law bans state and local governments from prohibiting or restricting law enforcement or other government officials from sending or receiving information from the federal government on the citizenship or immigration status, lawful or unlawful, of any individual.  Allowing sanctuary jurisdictions to violate federal law upsets the delicate balance of power struck by our Constitution, undermines congressional intent and opens the floodgate for states to disregard future federal law.

 

You can read the brief here.

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