Can Local Government “Freeze” ICE?
There has been a lot happening in San Jose, Santa Clara Valley and even around the State of California lately regarding San Jose & Santa Clara County actually voting to not support ICE and in fact, go out of their way to impede their work. This is a violation of Article VI of the U.S. Constitution, also known as the Supremacy Clause.
The Supremacy Clause establishes that the Constitution, federal laws and treaties are the supreme law of the land. That means that if there’s a conflict between state (or in this case local) laws, federal law prevails. It also helps ensure that federal authority can be maintained and that the states can’t override federal regulations.
This is a failed, doom-loop strategy. Why?
No State can violate Federal law. We already fought a Civil War over this.
The Federal Government has a right to apprehend illegal aliens who have warrants out for their deportation. See Immigration and Nationality Act, Title 8 of the US Code, section 1226 and 1231, which deals with detention and removal procedures.
A City (or in this case the County as well) with its impeding of federal detention and removal enforcement, by intent, is allowing an area (Santa Clara Valley) to be free or exempt from the law, specifically in this case, Federal law.
As a result, by standing in the way of ICE, local officials allow people to commit mayhem against the Federal government with impunity. The government has the obligation to protect the civil rights of its citizens and the ICE agents whose job it is to remove immigrants who are here illegally and who have warrants out for their removal. In this case, the Federal government has jurisdiction.
Those who stand against this will find themselves on the wrong side of history. No City, County or State has the right to take away the civil rights of any citizen (emphasis on citizen). Allowing protests against ICE or by forcing agents not to wear masks or for protestors to commit vandalism actually violates the civil rights of its citizens.
No City, County or State is sovereign versus the U.S.
The City of San Jose and the County of Santa Clara would be well advised to support their citizens and to support the Federal government or risk failure, destruction and additional embarrassment. Local citizens who have lived here their entire lives resent the fact that the illegals are treated better in many cases than they are. It would be unwise to take the legal citizens for granted!
