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Thursday, January 18, 2018

California Will Fall Under The Supremacy Clause

There's a new criminal law in California that prohibits employers from helping ICE agents.  That's a simplistic way of putting it, but it is accurate enough.  The state says that if ICE agents ask about the immigration status of an employee (which the employer is legally bound to obtain at the time the person is hired), the employer cannot give that information to ICE absent a warrant or other requirement of federal law.  There's a whole host of other restrictions on the employers as well.  The new California attorney general who supports illegals over everyone else announced today that his office will prosecute employers who "assist" ICE in any immigration sweeps.  But there's a big problem here.  Federal law takes precedence over state laws.  Making a false statement to or obstructing any investigation of an ICE agent is a federal crime.  Under federal law, employers have to obtain an I-9 form from every employee, maintain those forms and produce them for inspection by ICE agents on three days notice (or sooner if there is a warrant produced.)  California cannot prohibit employers from following federal law.

This whole things smacks of just another bit of virtue signaling by California liberals which will ultimately be shot down by the courts.  What a waste of time.

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