Ninth Circuit SLAPS DOWN Newsom law restricting ICE operations
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Freedom Is Back In Style
A new California law requiring federal immigration agents to wear identification during their operations was permanently slapped down by the Ninth Circuit Court of Appeals.
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Critics of Immigration and Customs Enforcement operations say masked and unidentifiable agents pose a risk to illegal alien targets as well as the greater public.
'No set of circumstances exist under which the Act would be valid.'
On Wednesday, the three-judge panel of the appeals court said the state could not restrict federal operations without congressional approval.
"We conclude ... the No Vigilantes Act attempts to directly regulate the United States in its performance of governmental functions," Judge Mark J. Bennett wrote. "No set of circumstances exist under which the Act would be valid."
The ruling said the law violated the Supremacy Clause of the U.S. Constitution. The U.S. Department of Justice had sued to stop the identification law as well as another restriction barring federal agents from using masks during operations.
In April, the same court struck down a similar restriction issued by California.
"If a state law directly regulates the governmental conduct of the United States without congressional authorization, it is void irrespective of whether the regulated activities are essential to federal functions or operations, and irrespective of the degree to which the state law interferes with such functions or operations," Bennett wrote at the time.
More than a dozen other states have similar laws intended to oppose federal immigration operations.
A request for comment from the governor's office was not returned in time for publication.
First Assistant United States Attorney for the Central District of California Bill Essayli has responded with ridicule to other efforts by Gov. Gavin Newsom (D) to restrict ICE operations.
"If you want to regulate federal agents, you have to win a federal election," Essayli responded to Newsom over new restrictions at the end of September.
"Until then, you have no jurisdiction," Essayli added. "Accordingly, I have advised DHS to disregard your bill attempting to ban safe and effective less-lethal tools that agents need to escalate dangerous situations."
RELATED: DOJ hilariously MOCKS Newsom after he signs bills to restrict ICE operations in California
Newsom has tried to position himself as the foremost opponent to the president's policy in an apparent campaign to increase his name recognition and run for president.
In the most recent polling, the governor falls far behind Kamala Harris in the race for the Democratic nomination, with support from only 15% of voters, compared to 30% for Harris.
Newsom has also indicated that he would not run for president if Harris decided to run again after losing to President Donald Trump in 2024.
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