Current News



Some of the California sanctuary laws targeted by feds could be vulnerable, legal experts say

Maura Dolan, Los Angeles Times on

Published in News & Features

Also potentially vulnerable is a law that requires the state to inspect non-criminal immigration detainees being held in state, local and private facilities, analysts said.

Chapman University law professor John Eastman said that law creates "a clear conflict with federal law" by giving the state the right to inspect detainees' records.

That amounts to "supervising the federal government," Eastman said. "This was settled 200 years ago. States don't get to do that."

Others said that California has the right to inspect detainees in state, local and private prisons and can argue that the law was necessary to ensure safe and humane conditions.

Johnson noted that the new state laws were "pretty carefully crafted" and contained caveats that the rules were not to interfere with federal requirements.

"If there is a conflict between the laws, then federal law is going to prevail," Johnson said.

Sponsored Video Stories from LifeZette

Kmeic said the federal government "will try to throw its weight around."

"They have substantial authority, given the foreign affairs aspect of immigration," he said, "but the state is not without its arguments."

The federal government has sued states in the past.

The Obama administration in 2010 challenged an Arizona law that made it a crime for an immigrant living in the U.S. illegally to search for a job and required immigrants to carry documentation with them at all times.


swipe to next page


blog comments powered by Disqus