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Opinion

Ninth Circuit Brief Against California’s Sanctuary State Laws

Ninth Circuit Brief Against California’s Sanctuary State Laws
Chuck Muth
September 25, 2018

Attorney General Laxalt Files Ninth Circuit Brief Against California’s Sanctuary State Laws to Protect Public Safety in Nevada

PC: www.washingtonexaminer.com

Nevada Attorney General Adam Paul Laxalt joined a 16-state coalition of attorneys general and other elected officials filing a friend-of-the-court brief in the Ninth Circuit supporting the U.S. Department of Justice in its ongoing lawsuit challenging three California sanctuary state laws. The three California laws challenged by the federal government attempt to oversee federal immigration enforcement, prevent private employers from cooperating with federal law enforcement, and limit when state and local law-enforcement agencies may cooperate with federal law enforcement on immigration matters.

Earlier this year, AG Laxalt joined a similar brief filed in federal district court. The District Court agreed with some of the arguments made by AG Laxalt, and enjoined several of California’s sanctuary provisions, including a California law prohibiting private employers from cooperating with federal immigration officials. But the court allowed some of the challenged California laws to remain in effect, prompting the U.S. Department of Justice to appeal to the Ninth Circuit. AG Laxalt’s brief supports that appeal, arguing that Nevada is less safe because of California’s sanctuary laws.

“California’s sanctuary policies are not just unconstitutional—they put neighboring states like Nevada at risk by making it easier for those not lawfully in this country and with violent criminal histories to evade law enforcement and travel out of state,” said Laxalt. “It is common sense that public safety is served when law enforcement works together. Politicians that propose sanctuary laws should tread carefully when prohibiting law enforcement from working together to protect their communities.”

Nevada’s law enforcement officials, including all elected sheriffs, have consistently opposed sanctuary policies that would prevent compliance with federal law and compromise public safety. Today, in the vast majority of cases, an individual must be arrested for committing a crime and booked into a jail or detention facility before Nevada law enforcement agencies check whether the individual is sought by federal immigration authorities and, if so, alert those federal authorities. Sanctuary policies that prohibit this communication allow violent offenders to be released back into the community.

In addition to Nevada, other participating states include: Alabama, Arkansas, Florida, Georgia, Indiana, Kansas, Louisiana, Michigan, Mississippi Governor Phil Bryant, Missouri, Nebraska, Ohio, Oklahoma, South Carolina, Texas and West Virginia.

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