Category: Federalism

USCA9 Strikes Down Cal. Ban of Federal Private Prisons

by · Sep 27, 2022 10:59 am

State laws interfering with federal government operations within the state present a constitutional problem that goes back to the early days of the republic. In the early nineteenth century, the Bank of the United States was very controversial, and the State of Maryland tried to kill it with a discriminatory tax. The Supreme Court declared the tax unconstitutional in a landmark decision by Chief Justice Marshall, M’Culloch v. Maryland, 17 U.S. 316 (1819).

Within California, immigration enforcement efforts are highly controversial, particularly in the prior Administration. Privately operated prisons are also very controversial. The state can, of course, choose not to use such prisons itself. However, the California Legislature in 2019 enacted AB 32, barring any person from operating a private prison. In essence, they barred federal contractors from continuing to provide services they had long provided to the federal government. Continue reading . . .

Damage Control in SCOTUS on “Indian Country”

by · Jun 29, 2022 1:31 pm

The U.S. Supreme Court today decided a major case on prosecution jurisdiction in Oklahoma v. Castro-Huerta, No. 21-429. This is an example of the Court in damage-control mode. An earlier, disruptive, and legally dubious decision has had severe impacts on criminal justice. Rather than overrule it, the Court acts to limit the damage.

Two years ago, the Court decided 5-4 in McGirt v. Oklahoma that large portions of that state were still “Indian country”* because Congress had not formally diminished or disestablished the original reservations, even though the land in question had not been part of a reservation in practice for a very long time. Continue reading . . .

USCA9 Issues Split Decision in Sanctuary City Grant Case

by · Jul 13, 2020 10:49 am

Not surprisingly given its prior narrow interpretations, the U.S. Court of Appeals for the Ninth Circuit today affirmed the decision of the U.S. District Court for the Northern District of California on the sanctuary city grant issue. That is, the federal government cannot deny federal law-enforcement grants for a state’s refusal to inform immigration authorities when they release a deportable alien from prison and related matters. However, the court vacated the nationwide aspect of the injunction, limiting it to California.

Continue reading . . .

State Identity Theft Law Not Preempted by Federal Immigration Law

by · Mar 3, 2020 10:10 am

Immigration is a subject fully within the authority of the federal government. A federal statute requires new employees to complete a form to confirm they are not unauthorized aliens. The law makes it a federal crime to provide false information on this form. It also preempts state laws imposing sanctions on employers for hiring unauthorized aliens.

A general Kansas law forbids identity theft. Can this law apply to an employee who put someone else’s Social Security number on the work authorization form and also on the tax withholding forms? The Supreme Court today said yes in a surprisingly close decision.

Continue reading . . .

Circuit Split on Sanctuary Cities and Byrne Grants

by · Feb 27, 2020 10:59 am

Yesterday the U.S. Court of Appeals for the Second Circuit decided in favor of the federal government in New York v. USDOJ, No. 19-267. The court upheld the authority of DoJ to withhold federal funds for state and local law enforcement in the Byrne Grant program from jurisdictions that refuse certain cooperation with enforcement of federal immigration law.

This decision creates a split of authority among the federal circuits, as the Seventh, Third, and Ninth Circuits have decided differently. Unless the full Second Circuit overrules the three-judge panel, the Supreme Court is likely to resolve the issue.

Continue reading . . .

Feds File Three More Suits v. State & Local “Sanctuary” Policies

by · Feb 10, 2020 4:59 pm

Michelle Hackman reports for the WSJ:

The U.S. Justice Department filed three lawsuits against California, New Jersey and a Washington county late Monday over their laws and policies limiting local cooperation with Immigration and Customs Enforcement, escalating a Trump administration battle against liberal states and localities that adopt so-called sanctuary policies.

Continue reading . . .