Ninth Circuit Strikes Down California Plan to Close Prisons for Illegal Aliens
The Ninth Circuit federal appeals court struck down a California law that sought to close most ICE detention facilities in the state.
www.breitbart.com The Ninth Circuit federal appeals court, one of the most liberal courts in the nation, struck down a California law that sought to close most of the Immigration and Customs Enforcement (ICE) detention facilities holding illegal aliens.
Sitting en banc, the Ninth Circuit found that California’s AB 32 — passed in 2019 and meant to close effectively all ICE detention facilities across the sanctuary state — violates the Supremacy Clause by flouting federal immigration law.
A three-judge panel had previously struck down the law, but that decision was vacated by the full Ninth Circuit and the case was reheard by all 11 judges. On Monday, the court found AB 32 would give California veto power over ICE’s ability to detain illegal aliens.
The court writes in their 8-3 decision:
“We applaud the full court for recognizing that the intended effect of this law — to end federal detention of aliens in California — is what makes it unconstitutional,” Dale Wilcox, with the Immigration Reform Law Institute (IRLI), said in a statement.
“Under our Constitution, a state may not interfere with — much less cancel — federal immigration law enforcement, and we are pleased that California’s law attempting to do just that is no more,” Wilcox said.
Last year, a number of sanctuary states followed California in attempting to pass statewide bans on ICE detention facilities — including New Jersey, Illinois, Washington, New York, and Maryland. The latest decision will mean Washington–a state which is likewise in the Ninth Circuit–might also not be allowed to force ICE to close its detention facilities. And the federal courts covering the other states might adopt the Ninth Circuit’s analysis.
HOLY CHIT...THE NINTH NO LESS!!!
