A federal appeals court in California has re-affirmed that the government has a constitutional right and duty to deport illegal aliens despite the objections of left-wing local leaders who want to come to the aid of illegals.
A three-judge panel of the Ninth Circuit Court of Appeals unanimously released a 29-page ruling written by Judge Daniel Bress, with judges Michael Hawkins and Richard Clinton concurring, according to Just the News.
In 2019, King County Executive Dow Constantine had ordered his minions not to allow ICE to deport illegals out of the King County International Airport, a facility which sits right next to a large base of operations in Seattle for ICE. The then Trump administration sued the county for blocking its deportation operations and for forcing them to shift to other facilities, costing ICE more money.
Trump’s administration cited a World War II-era Instrument of Transfer agreement allowing the federal government to use the airport in King County, JTN said.
Two courts agreed with the administration, but the county appealed to the California Ninth Circuit. And now the county has lost again.
Per Just the News:
The panel also held that the federal government had Article III standing to sue and “had two related concrete and individualized injuries.” The first is “the inability to conduct the charter flights – which has increased ICE’s operational costs – constituted a de facto injury that affected the United States in a particularized, individual way” and “an imminent risk of future injury from the Executive Order.”
The second is the federal government’s injuries “were fairly traceable” and “are likely, as opposed to merely speculative,” as a result of the order. Were there no order, “an FBO would resume servicing ICE charter flights,” the court notes.
Constantine’s order violated the intergovernmental immunity doctrine because it “improperly regulated the way in which the federal government transported noncitizen detainees by preventing ICE from using private FBO contractors at Boeing Field, and on its face discriminated against the United States by singling out the federal government and its contractors for unfavorable treatment,” the court held.
King County had declared itself a so-called “sanctuary” for criminal illegals.
The court, though, argued that King County’s sanctuary policies were ideological instead of law-based.
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