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Justice Department Sues State of California, California Governor, and California Attorney General for Prohibiting the Operation of Private Detention Facilities in the State
justice.gov ^ | February 10, 2020 | DOJ

Posted on 02/10/2020 3:42:41 PM PST by ransomnote

Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Monday, February 10, 2020

The Justice Department filed suit against California Governor Gavin Newsom, California Attorney General Xavier Becerra, and the State of California challenging California state law A.B. 32, which prohibits any individual or entity from operating private detention facilities in the state.

Under A.B. 32, prisoners and detainees currently housed in private facilities in California will have to be relocated at great cost, potentially isolating prisoners and detainees from their families and causing overcrowding in neighboring states. The U.S. Marshals Service (USMS), for example, which is responsible for the housing and transportation of federal prisoners awaiting trial and sentencing, will need to relocate nearly 50 percent of its inmates in the Southern District of California and nearly 30 percent of its total California inmates to out-of-state facilities.

A.B. 32 will also require frequent and costly transportation of prisoners and detainees. For USMS, pretrial inmates will have to be frequently transported to and from California to meet the demands of courts, defense attorneys, and any pretrial or probationary requirements. And for U.S. Immigration and Customs Enforcement (ICE), which is responsible for the housing and transportation of immigration detainees, any aliens apprehended in California (about 45,000 in fiscal year 2019) will have to be transported to out-of-state facilities using costly air or ground transportation. This drastic increase in USMS and ICE transportation requirements will also heighten security concerns. Finally, A.B. 32 may delay federal proceedings due to the out-of-state relocation of prisoners and detainees.

The lawsuit challenges A.B. 32 as unlawful under the Supremacy Clause of the U.S. Constitution because A.B. 32 substantially obstructs the federal government’s housing of federal prisoners and detainees, stands as an obstacle to the accomplishment of congressional objectives related to criminal law and immigration enforcement, directly regulates federal operations, and discriminates against the United States by granting exceptions for California that do not apply to the federal government or its contractors.

A copy of the complaint is available here. The Department of Justice has also moved to enjoin the enforcement of A.B. 32 against the federal government and its contractors. A copy of the motion is available here.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

Topic(s): 
Immigration
Press Release Number: 
20-165


TOPICS: Front Page News
KEYWORDS: aliens; ca; doj; ice; privatedentention; sanctuary
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To: ransomnote

Time to do a ream job on California’s corrupt government. Want to see Newsome and Becerra sharing jail space with the Black Guerrilla Family, Aryan Nation, and MS 13 members.


21 posted on 02/10/2020 8:47:34 PM PST by MadMax, the Grinning Reaper
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To: Thank You Rush

There are ‘for profit’ companies that run private prisons and house prisoners the state sends to them. California has decided that no one should make a profit from housing prisoners and wants them all shut down.


22 posted on 02/11/2020 4:50:41 AM PST by sheana
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To: sheana

The court could rule that the Feds can have and hire the private prisons for it’s federal prisoners and the state of California is free to not sent its state prisoners there.


23 posted on 02/11/2020 5:44:24 AM PST by mdmathis6
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To: Steely Tom

Actually, California seceded when it began disregarding Federal Law and thus the constitution.

California is no longer America.


24 posted on 02/11/2020 5:48:08 AM PST by bert ( (KE. NP. N.C. +12) Progressives are existential American enemies)
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To: ransomnote
I sure hope Barr has vetted the judge(s) that will handle these cases, otherwise it will be a kabuki theater, futile gesture.

The Deep State judicial oligarchy will delay the proceedings into never-never land and then issue a gobbledy-gook report telling the Feds to go pound sand...

25 posted on 02/11/2020 7:59:18 AM PST by jeffc (The U.S. media are our enemy)
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To: jeffc

“I sure hope Barr has vetted the judge(s) that will handle these cases, otherwise it will be a kabuki theater, futile gesture.”

My fear exactly.

Delay delay delay.

With selective leaking to appear to be doing something.

Action needs to take place right now.

Many laws are being broken by those creating sanctuary cities.


26 posted on 02/11/2020 11:36:05 AM PST by Syncro (Facts is Facts)
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