Monday, October 3, 2022

Ninth Circuit Strikes Down California Plan to Close Prisons for Illegal Aliens; Federal Appeals Court Overturns California’s Ban on Private Immigration Detention Centers; California Ban on Private Prisons in State Held Unconstitutional

Allen J. Schaben/LA Times/John Moore/Getty Images
Ninth Circuit Strikes Down California Plan to Close Prisons for Illegal Aliens:
The Ninth Circuit federal appeals court, one of the most liberal courts in the nation, struck down a California law that sought to close most of the Immigration and Customs Enforcement (ICE) detention facilities holding illegal aliens.
Sitting en banc, the Ninth Circuit found that California’s AB 32 — passed in 2019 and meant to close effectively all ICE detention facilities across the sanctuary state — violates the Supremacy Clause by flouting federal immigration law.
A three-judge panel had previously struck down the law, but that decision was vacated by the full Ninth Circuit and the case was reheard by all 11 judges. On Monday, the court found AB 32 would give California veto power over ICE’s ability to detain illegal aliens.
The court writes in their 8-3 decision: --->READ MORE HERE
John Moore/Getty Images
Federal Appeals Court Overturns California’s Ban on Private Immigration Detention Centers:
California’s ban on privately owned and operated immigration detention facilities is unconstitutional because it interferes with and gives the state a veto over federal government operations, the U.S. Court of Appeals for the 9th Circuit ruled on Sept. 26.
In an 8–3 vote, an 11-member en banc panel of the court declared that California law AB 32, which states that “a person shall not operate a private detention facility within the state,” violates the Supremacy Clause in Article VI of the U.S. Constitution.
Judge Jacqueline Nguyen, an Obama appointee, wrote in the majority opinion in The Geo Group v. Newsom that “California cannot exert this level of control over the federal government’s detention operations.”
The Geo Group, a plaintiff in the case, is a security company headquartered in Boca Raton, Florida. The other plaintiff is the United States.
“Due to significant fluctuations in the population of noncitizens who are detained, and other challenges unique to Californi a, ICE [U.S. Immigration and Customs Enforcement] relies almost exclusively on privately operated detention facilities in the state to maintain flexibility,” Nguyen wrote.
“Virtually all of ICE’s detention capacity in California is in privately owned and operated facilities. The United States represents that ICE intends to continue to rely on private detention facilities. --->READ MORE HERE
California Ban on Private Prisons in State Held Unconstitutional
California legislation that bans all private prisons in the state impermissibly inserts the state into immigration regulation, which is the domain of the federal government, the en banc Ninth Circuit said Monday.
Immigration and Customs Enforcement oversees the extensive detention of immigrants in California and almost exclusively uses privately owned detention facilities, the opinion by Judge Jacqueline H. Nguyen said. California’s legislation requires ICE to entirely transform its approach to detention in California, Nguyen said.
The supremacy clause prohibits states from controlling the operations of the federal government, the court said. Although the state can regulate private contractors, in this instance, the regulation overrides decisions of the federal government in violation of the supremacy clause, it said.
California’s legislation is also preempted because states can’t control federal operations, the court said.
Judges Sandra S. Ikuta, John B. Owens, Ryan D. Nelson, Kenneth K. Lee, and Danielle J. Forrest joined the opinion. Judges Milan D. Smith Jr. and Paul J. Watford joined all but the preemption discussion. --->READ MORE HERE
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