The Empire Strikes Back: Attorney General Sessions, DHS Secretary Respond to the Chief Justice of California


In a letter*dated March 29, 2017, Attorney General Jeff Sessions and Department of Homeland Security Secretary John Kelly responded to a letter from Chief Justice of California Tani Cantil-Sakauye calling for an end of federal immigration enforcement at the California courthouses.* The Attorney General and DHS Secretary blame states, including California, for not cooperating with federal immigration detainer requests, which, according to the letter,*requires attempts at arrests in public places.* The federal response is attracting considerable attention.

As explained here, the federal government*has been requesting that local jails*detain for an extra 48 hours immigrants who have served their jail sentences and are entitled to release. A*federal court in 2014 held that violated the Fourth Amendment*to do so;*sheriffs thus risk*liability if they comply with such a detainer request and some sheriffs have been reluctant to run that risk.

Are Attorney General Sessions and DHS Secretary John Kelly*really asking state and local law enforcement agencies*to do something without legal basis and in fact violates the Fourth Amendment?

This post originally appeared on Law Professor Blogs © 2014-2017 by Law Professor Blogs, LLC. All rights reserved.

About The Author

Kevin Johnson Kevin Johnson is Dean, Mabie-Apallas Professor of Public Interest Law, and Professor of Chicana/o Studies. He joined the UC Davis law faculty in 1989 and was named Associate Dean for Academic Affairs in 1998. Johnson became Dean in 2008. He has taught a wide array of classes, including immigration law, civil procedure, complex litigation, Latinos and Latinas and the law, and Critical Race Theory. In 1993, he was the recipient of the law school's Distinguished Teaching Award.Dean Johnson has published extensively on immigration law and civil rights. Published in 1999, his book How Did You Get to Be Mexican? A White/Brown Man's Search for Identity was nominated for the 2000 Robert F. Kennedy Book Award. Dean Johnson’s latest book, Immigration Law and the US-Mexico Border (2011), received the Latino Literacy Now’s International Latino Book Awards – Best Reference Book. Dean Johnson blogs at ImmigrationProf, and is a regular contributor on immigration on SCOTUSblog. A regular participant in national and international conferences, Dean Johnson has also held leadership positions in the Association of American Law Schools and is the recipient of an array of honors and awards. He is quoted regularly by the New York Times, Los Angeles Times, and other national and international news outlets.

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