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  1. 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

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

  3. 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.


    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.

  4. All BIA Remand Decisions From October 2014 to December 2016

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