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  1. Sessions criticizes federal judges for slowing Trump's national agenda. By BRENT D. GRIFFITHS


    NOTE: You might be glad that liberal judges are doing this to Trump, but how will you feel if they get away with it and the Trump-appointed conservative judges do it to future Democratic presidents?




    "We are hopeful that the Supreme Court will soon send a clear message to the lower courts ...," Attorney General Jeff Sessions said. | Susan Walsh/AP Photo



    Attorney General Jeff Sessions on Saturday railed against federal judges for impeding President Donald Trump's national agenda, telling students at a conservative gathering that a handful of judges are making themselves "super legislators" by authoring sweeping decisions in the heat of legal fights.


    "In truth, this is a question of raw power — of who gets to decide the policy questions facing America: our elected representatives, our elected president or unelected lifetime-appointed federal judges," Sessions told the Federalist Society's 2018 National Student Symposium at the Georgetown University Law Center in Washington.

    On topics like Trump's proposed travel ban and the ending of an Obama-era
    immigration program, Sessions complained that a single federal judge is ableto issue a nationwide ruling that stops the administration in its tracks. Knownas a nationwide injunction, such a ruling applies beyond the particular peopleinvolved in a case and remains in force even when another federal court sideswith the administration. Such a split occurred this past week when a federaljudge in Maryland upheld Trump's decision to end Deferred Action forChildhood Arrivals, but because of an earlier injunction from federal judgesin California and New York, parts of the program remain in place.

    Read more at https://www.politico.com/story/2018/...453116?cid=apn

    Published originally on Politico.

    Posted by Nolan Rappaport


  2. Sessions Endangers Judicial Independence, and Democracy, by Attacking Judges For Blocking Trump's Actions Against Non-White Immigrants. Roger Algase

    Update, March 13,

    In the latest development, a high-ranking ICE official in San Francisco has just resigned over alleged pressure on him by Sessions and ICE Director Homan to lie about the effects of California's Sanctuary policies.

    https://www.cnn.com/2018/03/12/polit...sco/index.html

    My original comment appears below.

    POLITICO
    reports on March 10 that the Trump administration has once again attacked the independence of the federal judiciary for refusing to fall in line behind the president's mass deportation and entry exclusion agenda directed against Latino and Muslim immigrants. In a speech to the right wing Federalist Society, AG Jeff Sessions criticized a federal judge for issuing a nationwide injunction against Trump's attempt to revoke parts of President Obama's DACA program, after other federal judges had previously blocked key parts of Trump's Muslim Ban executive orders.

    https://www.politico.com/story/2018/...-agenda-453116

    In his speech, Sessions accused the judges of acting like "super-legislators" who were seeking to exercise "raw power" against America's elected legislators and president (who, some people may still recall, was actually defeated in the popular tally by 3 million votes).

    It is one thing to disagree with a judicial decision that is unfavorable to the president's immigration agenda. That is not only Sessions' right, but, very arguably, his obligation as Trump's attorney general. But seeking to de-legitimize federal judges by denying that they have the right or the authority to rule against the president or his administration is an assault on the independence of the judiciary on which America's democracy depends.

    This latest attack is just one more warning that Trump's immigration policies are not only aimed at making America whiter, but could also lead to making America totalitarian.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com

    Updated 03-13-2018 at 01:30 PM by ImmigrationLawBlogs

  3. California Immigration Laws Challenged in Federal Lawsuit

    On March 6, 2018, the US Department of Justice filed a lawsuit in Federal Court challenging 3 California immigration laws.


    The lawsuit contends that the laws “reflect a deliberate effort by California to obstruct the United States’ enforcement of federal immigration law” and that they “impede consultation and communication between federal and state law enforcement officials.”


    California Governor Jerry Brown responded calling the lawsuit a “political stunt”.


    The California immigration laws which are being challenged are as follows:

    The California Immigrant Worker Protection Act (AB 450) became effective on January 1, 2018. It prohibits businesses from allowing federal immigration agents to gain access to employee records without a court order or subpoena. However, if federal agents have a Notice of Inspection, they can gain access to I-9 forms within 72 hours. California employers are required to provide notice to employees about any Notice of Inspection as well as the results of I-9 audits by the Federal government. Employers can be fined up to $10,000 for violating this law.


    The California Values Act (SB 54) which also went into effect on January 1, 2018 limits state and local agencies from sharing information with federal officers about criminals or suspects unless they have been convicted of serious crimes.

    The Detention Review Act (AB 103) which was enacted as part of the California state budget prohibits new contracts for immigration detention in California and gives the state attorney general the authority to monitor all state immigration detention centers.

    US Department of Justice Challenges California Immigration Laws





    California Immigrant Worker Protection Act (AB 450)





    California Values Act (SB 54)





    Detention Review Act (AB 103)





    We will keep you informed as the lawsuit makes it’s way through the Federal Court system
    .

    Updated 03-09-2018 at 05:04 PM by CShusterman

  4. Letters of the Week: March 12 - March 18

  5. Even without Trump's lawsuit, California may have to abandon sanctuary policies. By Nolan Rappaport


    © Getty

    In his first week as president, Trump signed an Executive Order which directed the withholding of federal funds, except as mandated by law, from sanctuary jurisdictions that prevent their police or other local entities from exchanging immigration status information with ICE.

    When Trump tried to implement this policy in California, a federal judge held in a preliminary decision that the directive was unconstitutional. A permanent injunction was ordered on November 20, 2017.

    California raised the sanctuary controversy with Trump to a new level by enacting three sanctuary laws. The Justice Department filed a lawsuit on March 6, 2018, to invalidate these laws.

    The federal courts in California are in the Ninth Circuit, and I don’t think Trump can prevail with an immigration issue related to one of his executive orders in that circuit.

    But that won’t stop Trump. He can appeal to the Supreme Court. And the presence of so many undocumented aliens in California makes it easy to predict what he will do next if he fails with the lawsuit.

    Read more at http://thehill.com/opinion/immigrati...ndon-sanctuary

    Published originally on The Hill.

    Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.




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