ALSO Yesterday — The Supremes Left Standing The Notion Of “Sanctuary” Cities And States… Grin!
June 16, 2020

This too is an important development, but since the Supremes did not issue an opinion, and simply let the prior Ninth Circuit opinion stand, it in effect affirmed the lawfulness of California’s AB 450, a measure which allowed state and local employers and state and local officials to avoid cooperation with ICE in detention matters — in fact, to warn their employees when an ICE inspection was coming, or less probably, a raid.

Yesterday’s denial at the Supremes means the employers may continue to effectively and lawfully provide “sanctuary” to workers they employ. And it is yet more repudiation — of the Trumpians’ 19th Century-derived immigration agenda — treating all immigrants as. . . children of some lesser gods.

The graphic is dated, because the matter had been pending without action at the Supremes for so long. So long in fact, I had lost track of where I put the Ninth Circuit opinion — but here it is, re-uploaded — and a bit:

. . . .The district court did not abuse its discretion when it concluded that AB 450’s employee-notice provisions neither burden the federal government nor conflict with federal activities, and that any obstruction caused by SB 54 is consistent with California’s prerogatives under the Tenth Amendment and the anticommandeering rule. . . .

The United States also contends that AB 450’s employee-notice provisions are preempted because they seek “to alter the manner in which the federal government conducts inspections, by imposing requirements that neither Congress nor the implementing agency saw fit to impose.” We disagree.

The cases to which the United States cites concerned either the disruption of a federal relationship or the undermining of a federal operation. Here, there is indisputably a federal relationship, but it is between federal immigration authorities and the employers they regulate — not between employers and their employees. AB 450 impacts the latter relationship, not the former, and imposes no additional or contrary obligations that undermine or disrupt the activities of federal immigration authorities. . . .

Now you know — grinning widely, as the path of the law, through history, is once again now bending toward. . . progress.

नमस्ते