2 weeks ago

Take that, Left Coast! Alabama’s Jeff Sessions files anti-sanctuary lawsuit against California

The U.S. Department of Justice sued California Tuesday over provisions of state law, which allegedly inhibit the enforcement of federal immigration laws.

The lawsuit is the first salvo in a new federal effort to aggressively enforce immigration statutes.

The suit names California, Democratic Gov. Jerry Brown and Democratic Attorney General Xavier Becerra as defendants.

The suit, at a general level, is a constitutional challenge to the state’s sanctuary laws. California has adopted laws that undermine powers the Constitution delegates to Congress exclusively, the Justice Department said.

California will likely reply their provisions aren’t truly in conflict with federal law and President Donald Trump’s administration cannot coerce state agencies into compliance with federal goals. The latter concept is referred to as anti-commandeering.

The lawsuit challenges three state laws.

The Justice Department argues this statutes inhibit enforcement of two federal laws: the Immigration and Nationality Act (INA) and the Immigration Reform and Control Act (ICRA). These laws govern the entry, status and removal of foreign aliens and sets forth federal authority to investigate, detain and deport undocumented immigrants. ICRA particularly bans the employment of illegal aliens.

The first law (Law A) prohibits private companies from voluntarily cooperating with immigration authorities in several important respects. It forbids employers from sharing records about legal status or allowing immigration agents into “nonpublic” business spaces without a warrant and requires supervisors to warn employees in advance of immigration inspections.

The successful enforcement of the INA and ICRA, the complaint notes, assumes cooperation and collaboration between federal, state and local agencies.

“These provisions, individually and collectively, have the purpose and effect of interfering with the enforcement of the INA and IRCA’s prohibition on working without authorization,” the complaint says.

The second law (Law B) gives the attorney general of California significant power to investigate certain facilities where immigrant detainees are housed. Private prisons and local detention centers, through contracts with the federal government, quarter foreign nations pending deportation proceedings. Law B allows the attorney general or his designee to audit these stations for compliance with state safety laws, as well as the due process provided to detainees and the circumstances surrounding their apprehension.

DOJ claims no other federal subsidiary in California is subject to such heightened scrutiny.

The primary purpose of these intrusions is to slow the administration of the removal process, the complaint suggests.

“The statute thus commands an improper, significant intrusion into federal enforcement of the immigration laws,” it reads.

The third law (Law C) limits the scope of cooperation between federal and local law enforcement with respect to the immigration status of individuals in California’s custody. The government often waits to deport criminal aliens until the conclusion of their jail terms. State and local officials, under the terms of Law C, may not disclose a prisoner’s personal information to federal immigration authorities, with certain exceptions.

What’s more, Law C requires the federal government to present a warrant before the state will release criminal aliens to federal custody. Federal law relies on a system of civil administrative warrants for immigrant arrest and removal and does not use judicial warrants, which can be harder and more time-consuming to obtain.

“These provisions impermissibly prohibit even the most basic cooperation with federal officials,” the lawsuit says.

The lawsuit, at several points, quotes a 2012 Supreme Court decision, Arizona v. U.S., which struck down rigorous state laws meant to enhance enforcement of federal immigration statutes. The three provisions in question made it a state crime to be unlawfully present in the U.S., allowed warrantless arrests of suspected unlawful immigrants, and enjoined undocumented immigrants from holding or searching for jobs.

A fourth provision requiring police to check the immigration status of all arrestees was upheld.

A five justice majority explained Congress has broad power to set and enforce immigration law and federal statutes must prevail over state measures where the two conflict. Those same principles are applicable here, DOJ argues.

“The provisions of state law at issue have the purpose and effect of making it more difficult for federal immigration officers to carry out their responsibilities in California,” the complaint reads. “The supremacy clause does not allow California to obstruct the United States’ ability to enforce laws that Congress has enacted or to take actions entrusted to it by the Constitution.”

The Constitution’s supremacy clause gives precedence to federal laws over the states where constitutional powers and interests are concerned.

The lawsuit was filed in the U.S. District Court for the Eastern District of California, the federal trial court with offices in Sacramento and Fresno.

California works in concert, not in opposition, to federal law and state entities cannot be used in furtherance of federal policy goals, Becerra said when speaking via phone to reporters Tuesday night.

“In California, our state laws work in concert with federal law,” he said. “Our teams work together to go after drug dealers and go after gang violence. What we won’t do is change from being focused on public safety. We’re in the business of public safety, not deportation.”


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4 hours ago

Evidence mounts of full-scale Russian campaign to undermine American energy

The U.S. government for the first time ever blamed Russia for hacking into American energy infrastructure. The Trump administration action comes a little over two weeks after a House committee detailed Russian attempts to influence energy markets.

U.S. officials said a “multi-stage intrusion campaign by Russian government cyber actors” that began in March 2016, possibly earlier, is part of a campaign to target critical infrastructure, including energy, nuclear and aviation facilities.


The FBI and Department of Homeland Security on Thursday said hackers targeted small facilities “where they staged malware, conducted spear phishing, and gained remote access into energy sector networks,” Reuters reported.

It’s the first time the U.S. has directly called out Moscow for infrastructure hacking. It’s still unclear whether or not the hacks were successful or led to any damage, and the security alert did not name the companies targeted.

The Trump administration condemnation comes more than two weeks after the House Committee on Science, Space and Technology found Russian agents used social media outlets to embolden opposition to American energy production.

“Russia exploited American social media as part of its concerted effort to disrupt U.S. energy markets and influence domestic energy policy,” reads the committee’s report on Russian activities.

The committee found accounts linked to the Internet Research Agency (IRA), a Russian troll farm, published 9,097 social media posts from 2015 to 2017 targeting energy policies and projects. Thirteen Russians connected to IRA were indicted by special counsel Robert Mueller.

“The IRA targeted pipelines, fossil fuels, climate change, and other divisive issues to influence public policy in the U.S.,” the House committee found.

For years, Republicans and energy industry experts have worried Russian money was being used to undermine U.S. energy policy.

Intelligence officials confirmed in early 2017 in a declassified report on election meddling that the state-owned media outlet Russia Today (RT) ran “anti-fracking programming, highlighting environmental issues and the impacts on public health.”

The House committee began the investigation in 2017 and asked Treasury Secretary Steve Mnuchin to investigate whether or not Russians were using an offshore Bermuda-based law firm to funnel money to U.S. environmental groups.

Lawmakers asked Mnuchin to investigate whether or not the U.S.-based environmental group, the Sea Change Foundation, took $23 million from a Bermuda-based shell company with ties to Russian oligarchs in 2010 and 2011.

Sea Change gave millions to U.S.-based environmental groups, including the Natural Resources Defense Council, the Sierra Club and the League of Conservation Voters. All of those groups oppose hydraulic fracturing.

(Content created by The Daily Caller News Foundation is available without charge to any eligible news publisher that can provide a large audience. For licensing opportunities of our original content, please contact licensing@dailycallernewsfoundation.org.)

5 hours ago

VIDEO: PA-18’s lessons — dangerous teachers — student walkouts … and more on Guerrilla Politics

Radio talk show host Dale Jackson and Dr. Waymon Burke take you through this week’s biggest political stories including:

— Were the results in Pennsylvania’s special election a rejection of Trump or Pelosi?

— Why did the executive director of the state’s superintendent association imply teachers were unstable and dangerous?

— Will the student walkouts bring about some real change on gun issues?

Clayton Hinchman joins Jackson and Burke to discuss his campaign for Congress in Alabama’s 5th Congressional District.

Jackson closes the show with a “Parting Shot” directed at Hillary Clinton where he begs her never stop talking.

6 hours ago

AlabamaWorks! is holding a career event for students to learn about jobs in the state

Edie Gibson and Antiqua Cleggett talk “Worlds of Work at SkillsUSA” which will be held April 24-25 at the Birmingham Jefferson Civic Complex.

Worlds of Work at SkillsUSA is designed to help 8-12th grade students “connect the dots” and clearly identify steps toward a college or career pathway as they enter their high school education.

More information is available here.

Subscribe to the Yellowhammer Radio Presents The Ford Faction podcast on iTunes or Stitcher.

7 hours ago

Wounded Warrior running for Alabama State House representing Chambers and Lee Counties

Back in 2003, while U.S. Army Specialist Todd Rauch and his buddies were patrolling the streets of Abu Ghraib, an Iraqi city made famous by its notorious prison, a remotely-detonated mortar exploded near his patrol. His right shoulder and hand were severely injured in the blast.

Rauch was eventually flown to Walter Reed Army Medical Center in Washington, D.C., and endured 12 surgeries to save his limbs from amputation.

He is now running as a Republican for the State House of Representatives district representing Chambers and Lee Counties.

So how did this Illinois-native find himself running for office in Alabama?

While recovering at the hospital, Rauch’s roommate was from Fort Payne and “all he talked about was Auburn and Auburn and Auburn,” Rauch told Yellowhammer News.


Rauch soon recovered from his injuries, and then his plans for a transition to civilian life became all about … Auburn, Auburn, Auburn.

“I applied to Auburn and felt like it was a good place to get a fresh start,” he said

Rauch studied psychology at Auburn University, with the intention of working in veteran services or military intelligence. He then worked for a time as an intelligence analyst and then began working in veterans’ services, helping his brothers and sisters in arms receive the benefits they were promised.

He’s running on a platform strengthening communities.

Rauch has a firm conviction that a community’s representative ought to be more present in the community itself, something he said he hasn’t seen much at the 75 city and county commission meetings he has attended over the last few years.

“I realized that there was no one there who was representing us in Montgomery to take those voices and those issue and those problems to Montgomery,” he said.

Rauch has put improving jobs and education among his platform principles.

He is a stanch supporter of the community college system, of which both he and his wife are products.

“It’s a good and affordable way to get your education and to get experience in college without jumping into a four-year university,” he said.

Rauch also supports expanding broadband access to rural areas. He said it is critical to the development of rural areas that have little internet and cell service.

“You’re not able to do your banking,” he said. “Some of these people aren’t even able to have home security systems because some of that works off of cell service.”

With the campaign motto, “Community. Country. Service,” Rauch said he wants to work to improve life for his constituents, and by extension, the rest of the state and country.

“Focusing on the community creates better environment for the kids, inspires better leaders, and provides better community for our state, and provides a better state for our country,” he said.

The GOP primary is June 5.

(Image: Todd Rauch for Alabama/Facebook)

The conservative alternative to Martha Roby gains momentum as Terry Everett, lawmakers endorse Barry Moore

State Rep. Barry Moore’s campaign for Congress recently received strong endorsements from the district’s former congressman and a dozen of Alabama’s most conservative state lawmakers.

“Since I left Congress, government has grown, our representation has wavered, and District 2 values have been casted aside,” said former Republican Congressman Terry Everett, who represented the district from 1993-2009. “We need to make a change, and I am privileged to support Representative Barry Moore for Congress.”

Everett’s powerful endorsement comes days after 12 of the state’s most conservative lawmakers gathered in Montgomery to endorse Barry Moore, whose conservative record they witnessed firsthand while working alongside him in the State Legislature.

Wetumpka State Rep. Mike Holmes told reporters that the district has “an opportunity to send a strong, unapologetic conservative to Washington,” and Montgomery State Rep. Dimitri Polizos agreed, saying that Moore is a “proven conservative leader” who will “stand with President Trump and give our district the representation it deserves.”

Visit Barry Moore’s website, his Facebook page and @RepBarryMoore on Twitter to learn why Terry Everett and others believe in his vision to Make Alabama Great Again!

(Paid for by Barry Moore for Congress)