Sanctuary State Opt Out is Constitutionally Necessary

By Douglas V. Gibbs
Author, Speaker, Instructor, Radio Host

California's Sanctuary State status is in full swing, and if you read the law, there is no option for a city to opt out.  The law is a mandate.  All law enforcement is disallowed by State law from asking immigration status, or cooperating with federal immigration agencies.

And it is all unconstitutional.

Which means cities can opt out, because the SB 54 Sanctuary State law is an invalid law.

October 5, 2017, Governor Brown signed into law the Sanctuary State Act, and it violates Article VI. of the United States Constitution, which prohibits States from establishing laws contrary to laws of the United States made in pursuance of the United States Constitution.

How do we know that immigration law is constitutional?  Congress is authorized in Article I, Section 9 of the United States Constitution to use legislation to prohibit the “migration” of persons into the States; and Congress is authorized in Article I, Section 8 to “establish an uniform rule of Naturalization”.

The law includes not only the Immigration and Naturalization Acts in place, but also U.S. Code, Title 8, Chapter 12, Subchapter II, Part IV, § 1227 which goes over the classes of deportable aliens (including illegal aliens, unlawful voters, and other resident aliens who have broken certain laws).

Now, I know how the liberal left is.  The Democrats are claiming immigration law violates the 4th Amendment - illegal search and seizure.  Not true.  That amendment applies to persons under the full jurisdiction of the United States, and by definition those who did not follow the proper protocols to be in the country in the first place do not satisfy full jurisdiction simply by physically being inside the borders of the country.

Also, for those liberal left Democrats who claim that my "interpretation" of the Constitution hasn't been supported by a judicial opinion, Manigault v. Springs, 199 U.S. 473, 480 (1905) is very clear.  The United States Supreme Court, in its ruling of Manigault v. Springs, indicates that States may take any action (consistent with their own constitutions and laws) unless there exists a prohibition in the United States Constitution or such action has been preempted by federal law.  Sanctuary State law has been preempted by federal law, of which is supported, as I stated before, by Article I, Sections 8 and 9.

Therefore, California’s Sanctuary State Law, SB 54 is invalid because it violates the United States Constitution and federal law; so California cities, in order to remain in compliance with constitutional federal law, have the obligation to opt-out of California’s unconstitutional and illegal Sanctuary State Law, SB 54 due to the fact that the law is invalid in its entirety.

The Trump administration is about ready to do more than support the cities with their attempt to opt-out.  In fact, Trump's Justice Department might be prepared to go after, and arrest, the open-border traitors of the Democrat Party who are openly defying federal immigration law, be it at the State level, or on the councils of Sanctuary Cities.

-- Political Pistachio Conservative News and Commentary