The confederacy has been reborn, this time in Yankee country.
There is no area of law more within the province of congressional authority than protecting national sovereignty from those who come here against the national will. A state has the right to enforce its own sovereignty but cannot invite in others at the expense of the sovereignty of the entire union. Yet, Massachusetts’ top court is now ordering the Bay State to ignore federal detainer requests, even for criminal aliens.
On Monday, the Supreme Judicial Court of Massachusetts ruled that state law prohibits local law enforcement from honoring ICE’s requests to detain criminals for 48 hours if there is probable cause an individual is an illegal immigrant. This practice has enabled federal authorities to apprehend any criminal alien without having them prematurely released into the population.
The state court’s ruling blocking this practice makes the Bay State a de facto sanctuary jurisdiction because there is no way federal authorities can catch all these criminals when they are immediately released after being arrested for endless crimes.
Remember, in almost every case where an illegal is arrested, they were never apprehended for simply being an illegal alien — they have usually committed an additional crime. These are not your lovely housekeepers Democrats nostalgically speak of when stereotyping illegal immigrants. Yet, now they will disappear back into communities within the state.
By definition, illegal aliens with no documentation are the consummate flight risk, which is exactly why the relevant statute, 8 U.S.C. § 1357(a)(2), calls upon ICE to apprehend illegal aliens without a warrant when the suspected alien “is likely to escape before a warrant can be obtained for his arrest.”
Moreover, 8 U.S.C. 1373 forces states to cooperate with federal immigration authorities. Holding criminal aliens for a minimal period of time is the basic act needed to ensure public safety. Yet, state judges are now asserting their definition of state law trumps federal law, even when the federal government has full control over immigration.
There is a very powerful lesson to learn from the conduct of blue-state government. Blue states are now refusing to follow federal statutes duly passed by Congress, such as immigration law, or abide by fundamental rights that are clearly enumerated in the Bill of Rights, such as the right to bear arms. All Democrats in blue states, from the legislature and attorney general to the governor and courts, are in full agreement and work together to thwart federal law or the Constitution.
Yet, when conservatives in red states seek to follow legitimate state law in an area of law where the Constitution grants states full authority — such as regulating abortion, defining marriage, setting election law, or drawing districts — they are completely overridden by the federal courts. But most Republicans in these states do nothing to fight back.
In Alabama, Judge Roy Moore did the same thing the Massachusetts court did with immigration … except there was one difference: States have plenary power over marriage and Justice Anthony Kennedy said so just two years prior in the Windsor opinion. Furthermore, the Defense of Marriage Act is federal statute anyway. Moore was following state and federal law, as well as the Constitution. Yet, nobody in the state stood with him.