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  1. #1
    Senior Member lorrie's Avatar
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    Sessions Punches Back: DOJ to Sue California to Strike Down ‘Sanctuary’ Laws as Uncon

    Sessions Punches Back: DOJ to Sue California to Strike Down ‘Sanctuary’ Laws as Unconstitutional

    6 Mar 2018



    Update: DOJ filed its complaint, motion for preliminary injunction, and supporting exhibits shortly after 9 PM Eastern Tuesday.

    Attorney General Jeff Sessions will speak Wednesday about his Department of Justice’s (DOJ) first-of-its-kind lawsuit challenging the constitutionality of three of California’s “sanctuary” laws, Breitbart News has learned.

    Relying on both federal statutes and the U.S. Constitution’s Supremacy Clause, DOJ will ask the U.S. District Court for the District of Eastern California to issue a preliminary injunction blocking the enforcement of these laws intended to protect illegal aliens by preventing cooperation with federal immigration enforcement. DOJ will also seek declaratory judgement that these laws are unconstitutional – “preempted” by federal immigration law – when it files late Tuesday night.

    “The Department of Justice and the Trump administration are going to fight these unjust, unfair, and unconstitutional policies that have been imposed on you,” Attorney General Sessions is expected to tell a gathering of California police officers Wednesday in Sacramento. “We are fighting to make your jobs safer and to help you reduce crime in America. And I believe that we are going to win.”

    A senior DOJ official made clear that he believed the laws intentionally created obstacles for federal immigration enforcement in California, the state with most illegal aliens in the country.

    The defendants are the State of California, Gov. Jerry Brown, and California Attorney General Xavier Becerra – the elected official who, perhaps more than any other, has made protection of criminal illegal aliens and “resistance” to President Donald Trump’s immigration agenda his signature policy.

    The doctrine of “preemption” dictates that, as federal law reigns supreme over state law, states may not enforce laws that frustrate federal policies. It has a long history, dating back nearly to the dawn of the Republic with 1819’s McCulloch v. Maryland. In the immigration context, the doctrine was widely heralded by open borders advocates in 2012, when the Supreme Court relied on it to strike down sections of Arizona’s tough SB 1070 anti-illegal immigration bill in Arizona v. United States.

    The legal shoe is on the other foot now, as the Trump administration seeks to have California’s leading-edge sanctuary laws overturned on a similar theory.

    All three laws, passed in response to Trump’s victory in the 2016 presidential election, added new dimensions to California’s role as the nation’s leading “sanctuary” for illegal aliens. Not content with being merely a typical sanctuary jurisdiction, where, as a matter of policy, police do not contact U.S. Immigration and Customs Enforcement (ICE) agents about suspected illegal aliens, collect information on an arrestee’s immigration status, or comply with requests to hold suspected illegal aliens for ICE pickup, California enacted HB 450, SB 54, and HB 103.

    HB 450 came into effect at the beginning of the year. It prohibits private employers from cooperating with ICE. Under the law, if employers do not refuse to allow ICE officials onto their property without a warrant, they face stiff fines. If they try to check an employee’s immigration status a second time, they face fines. If they do not inform employees of ICE enforcement efforts about which they know, they face fines.

    During the first round of ICE raids after HB 450 went into effect, Becerra was very clear that his office “will prosecute” employers who cooperate.

    A senior DOJ official told reporters if the federal agency involved have been the FBI rather than ICE, a law like AB 450 would be inconceivable. He feared that, given its broadest reading, it might prohibit all private property owners from assisting federal immigration enforcement.

    In the case of HB 450, the California State Assembly’s Judiciary Committee made clear they were passing this law specifically because of “an expected increase in federal immigration enforcement.”

    SB 54, also coming into effect January 1, affects law enforcement officials, holding them statewide to the “sanctuary” standard previously in place in cities like San Francisco under penalty of state law. Under HB 54, California’s police officers and sheriffs cannot provide ICE with the release dates of the criminal illegal aliens whom they are holdings. Except for those held for a narrow set of serious crimes, these law enforcement officers cannot transfer detainees to federal custody voluntarily.

    Finally, AB 103 is a 2017 law Becerra has used to “inspect” facilities the Department of Homeland Security uses to house suspected illegal aliens who are awaiting removal proceedings. DOJ believes these inspections have demanded access to proprietary DHS documents and information.

    The government will first seek to have a preliminary injunction put in place to block enforcement of all three laws while their constitutionality is considered. DOJ will therefore have to show some irreparable harm that will come from allowing California to use these laws in the meantime. Senior DOJ officials were confident that, with a typical briefing schedule, they expect a ruling on their preliminary injunction within weeks.


    http://www.breitbart.com/big-governm...onstitutional/
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    Senior Member Judy's Avatar
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    Wonderful!!!

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    The Latest: Justice Dept. suing Calif. over 'sanctuary' laws

    Mar 6, 2018 - 9:33 PM



    SACRAMENTO, Calif. (AP) - The Latest on the Justice Department and "sanctuary cities" (all times PST): 6:30 p.m.

    The Trump administration has filed a lawsuit seeking to undo California laws that extend protections for immigrants living in the United States illegally.

    The lawsuit was filed late Tuesday in Sacramento. It says three state laws intentionally undermine federal immigration law. Among other things, the legislation bars police from asking people about their immigration status or participating in federal immigration enforcement activities. Another law offers protection against workplace raids.

    The Justice Department says those laws hinder immigration authorities and are unconstitutional.
    ___

    6 p.m.

    The Trump administration is suing to block California laws that extend protections for immigrants living in the United States illegally.

    The lawsuit says three state laws intentionally undermine federal immigration law. Among other things, the legislation bars police from asking people about their immigration status or participating in federal immigration enforcement activities. Another law offers protection against workplace raids.

    The Justice Department says those laws hinder immigration authorities and are unconstitutional.

    Attorney General Jeff Sessions is expected to announce the lawsuit Wednesday at an annual gathering of law enforcement organizations in Sacramento.

    The move is the latest volley in an escalating feud between the Trump administration and California. The state has defiantly refused to help federal agents detain and deport undocumented immigrants. Sessions says that makes cities more dangerous.
    __

    11 a.m.

    Attorney General Jeff Sessions is traveling to California to make a major announcement about sanctuary policies that limit local and state cooperation with federal immigration authorities.

    The U.S. Department of Justice says Sessions will speak Wednesday at an annual gathering of law enforcement officials in Sacramento.

    Trump administration officials have promised to crack down on policies that keep local law enforcement from advising federal agents when they release immigrants living in the country illegally.

    Gov. Jerry Brown signed a bill making California a sanctuary state last year.

    Last month U.S. Immigration and Customs Enforcement said hundreds of immigrants eluded detention because of a warning from Oakland's mayor. Agents still arrested more than 200 residents for alleged immigration violations.

    http://www.actionnewsjax.com/news/th...mestream_click
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    Senior Member lorrie's Avatar
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    Trump administration suing California over sanctuary laws

    Mar 6, 2018 - 8:57 PM

    WASHINGTON (AP) - The Trump administration on Tuesday sued to block California laws that extend protections to people living in the U.S. illegally, the most aggressive move yet in its push to force so-called sanctuary cities and states to cooperate with immigration authorities. California officials remained characteristically defiant, vowing to defend their landmark legislation.

    The Justice Department argued a trio of state laws that, among other things, bar police from asking people about their citizenship status or participating in federal immigration enforcement activities are unconstitutional and have kept federal agents from doing their jobs. The lawsuit named as defendants the state of California, Gov. Jerry Brown and Attorney General Xavier Becerra.

    "I say, bring it on," said California Senate President Pro Tem Kevin de Leon, a Los Angeles Democrat who wrote the sanctuary state bill.

    It is the latest salvo in an escalating feud between the Trump administration and California, which has resisted the president on issues like taxes and marijuana policy and defiantly refuses to help federal agents detain and deport undocumented immigrants. U.S. Immigration and Customs Enforcement has said it will increase its presence in California, and Attorney General Jeff Sessions wants to cut off funding to jurisdictions that won't cooperate.

    The lawsuit was filed as the Justice Department is also reviewing Oakland Mayor Libby Schaaf's decision to warn of an immigration sweep in advance, which ICE said allowed hundreds of immigrants to elude detention. Schaaf said Tuesday the city would "continue to inform all residents about their constitutional rights."

    The state laws being challenged were a response to President Donald Trump's hawkish immigration policies and widespread fear in immigrant communities following a campaign in which he promised to sharply ramp up the deportation of people living in the U.S. illegally. The decision to sue California shows Sessions and Trump remain aligned on this priority, even as their relationship has recently deteriorated, with Trump attacking his attorney general and Sessions pushing back.

    Brown mimicked Trump on Twitter Tuesday night, writing: "At a time of unprecedented political turmoil, Jeff Sessions has come to California to further divide and polarize America. Jeff, these political stunts may be the norm in Washington, but they don't work here. SAD!!!"

    One of California's laws prohibits employers from letting immigration agents enter worksites or view employee files without a subpoena or warrant, an effort to prevent workplace raids. Another stops local governments from contracting with for-profit companies and ICE to hold immigrants. Justice Department officials, speaking to reporters Tuesday, said that violates the Constitution's supremacy clause, which renders invalid state laws that conflict with federal ones.

    The Supreme Court reinforced the federal government's primacy in enforcing immigration law when it blocked much of Arizona's tough 2010 immigration law on similar grounds. The high court found several key provisions undermined federal immigration law, though it upheld a provision requiring officers, while enforcing other laws, to question the immigration status of people suspected of being in the country illegally.

    Sessions planned to discuss the lawsuit Wednesday at an annual gathering of law enforcement officers in Sacramento.

    "The Department of Justice and the Trump administration are going to fight these unjust, unfair and unconstitutional policies that have been imposed on you," he said in prepared remarks. "I believe that we are going to win."

    Sessions has blamed sanctuary city policies for crime and gang violence and announced in July that cities and states could only receive certain grants if they cooperate with immigration agents. California is suing to force the administration to release one such grant. The state wants a judge to certify that its laws are in compliance with federal immigration law.

    Defenders of sanctuary policies say they increase public safety by promoting trust between immigrant communities and law enforcement, while allowing police resources to be used to fight other crimes.

    "We're in the business of public safety, not deportation," said Becerra, who insisted the state is on strong legal footing when it comes to dealing with immigration officials. "When people feel confident to come forward to report crimes in our communities or to participate in policing efforts without fear of deportation, they are more likely to cooperate with the criminal justice system altogether."

    Sessions' audience Wednesday includes members of the California Peace Officers' Association and groups representing police chiefs, sheriffs, district attorneys, narcotics investigators and the California Highway Patrol.

    The groups' members have often been split on sanctuary policies. None of the groups favored the state law restricting cooperation with immigration officials, but only the California State Sheriffs' Association was actively opposed and some individual officials voiced support.

    Protesters from labor unions, the Democratic Party and immigrant rights organizations planned to rally along with some state and local elected officials outside the hotel where Sessions will speak.

    Becerra, a Democrat who is up for election in November, has been sharply critical of Republicans Trump and Sessions, particularly on immigration policies. He will speak to the same conference later Wednesday.

    http://www.fox23.com/news/trump-admi...mestream_click
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    Trump administration suing California over sanctuary laws

    Trump administration suing California over sanctuary laws

    March 6, 2018 8:18 PM CDT Updated: March 6, 2018 8:35 PM CDT



    WASHINGTON (AP) — The Trump administration is suing to block California laws that extend protections to people living in the U.S. illegally, the most aggressive move yet in its push to force so-called sanctuary cities and states to cooperate with immigration authorities. California officials remained characteristically defiant, vowing to defend their landmark legislation.

    Justice Department officials said Tuesday that a trio of state laws that, among other things, bar police from asking people about their citizenship status or participating in federal immigration enforcement activities are unconstitutional and have kept federal agents from doing their jobs. Attorney General Jeff Sessions is expected to announce the lawsuit Wednesday at an annual gathering of law enforcement officers in Sacramento. It names as defendants the state of California, Gov. Jerry Brown and Attorney General Xavier Becerra.

    "I say, bring it on," said California Senate President Pro Tem Kevin de Leon, a Los Angeles Democrat who wrote the sanctuary state bill.

    It is the latest salvo in an escalating feud between the Trump administration and California, which has resisted the president on issues like taxes and marijuana policy and defiantly refuses to help federal agents detain and deport undocumented immigrants. U.S. Immigration and Customs Enforcement has said it will increase its presence in California, and Sessions wants to cut off funding to jurisdictions that won't cooperate.

    The lawsuit is being filed as the Justice Department also reviews Oakland Mayor Libby Schaaf's decision to warn of an immigration sweep in advance, which ICE said allowed hundreds of immigrants to elude detention.

    The state laws being challenged were a response to President Donald Trump's hawkish immigration policies and widespread fear in immigrant communities following a campaign in which he promised to sharply ramp up the deportation of people living in the U.S. illegally. The decision to sue California shows Sessions and Trump remain aligned on this priority, even as their relationship has recently deteriorated, with Trump attacking his attorney general and Sessions pushing back.

    Brown mimicked Trump on Twitter Tuesday night, writing: "At a time of unprecedented political turmoil, Jeff Sessions has come to California to further divide and polarize America. Jeff, these political stunts may be the norm in Washington, but they don't work here. SAD!!!"

    One of California's laws prohibits employers from letting immigration agents enter worksites or view employee files without a subpoena or warrant, an effort to prevent workplace raids.

    Another stops local governments from contracting with for-profit companies and ICE to hold immigrants. Justice Department officials, speaking to reporters Tuesday, said that violates the Constitution's supremacy clause, which renders invalid state laws that conflict with federal ones.

    The Supreme Court reinforced the federal government's primacy in enforcing immigration law when it blocked much of Arizona's tough 2010 immigration law on similar grounds. The high court found several key provisions undermined federal immigration law, though it upheld a provision requiring officers, while enforcing other laws, to question the immigration status of people suspected of being in the country illegally.

    In this case, California "has chosen to purposefully contradict the will and responsibility of Congress to protect our homeland," Homeland Security Secretary Kirstjen Nielsen said in a statement.

    Sessions has blamed sanctuary city policies for crime and gang violence and announced in July that cities and states could only receive certain grants if they cooperate with immigration agents. California is suing to force the administration to release one such grant. The state wants a judge to certify that its laws are in compliance with federal immigration law.

    Defenders of sanctuary policies say they increase public safety by promoting trust between immigrant communities and law enforcement, while allowing police resources to be used to fight other crimes.

    "We're America's economic engine, and it is precisely because we embrace the cultural gifts immigrants bestow us and their diversity that they become the backbone of our economy," de Leon said.

    Sessions' audience Wednesday includes members of the California Peace Officers' Association and groups representing police chiefs, sheriffs, district attorneys, narcotics investigators and the California Highway Patrol.

    The groups' members have often been split on sanctuary policies. None of the groups favored the state law restricting cooperation with immigration officials, but only the California State Sheriffs' Association was actively opposed and some individual officials voiced support.

    Protesters from labor unions, the Democratic Party and immigrant rights organizations planned to rally along with some state and local elected officials outside the hotel where Sessions will speak.

    Becerra is speaking to the same law enforcement organizations later Wednesday.

    Becerra, a Democrat who is up for election in November, has been sharply critical of Republicans Trump and Sessions, particularly on immigration policies.

    He has said federal authorities need to have warrants before collecting information from state employers or entering nonpublic areas.

    http://newsok.com/trump-administrati...e/feed/1846759


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    Justice Dept. suing California over sanctuary laws, Gov. Brown calls it a 'political

    Justice Dept. suing California over sanctuary laws, Gov. Brown calls it a 'political stunt'

    Mar 6, 2018, 10:08 PM ET

    California Gov. Jerry Brown has slammed the Trump administration's latest salvo against the Golden State -- the Justice Department announced Tuesday night it is suing to block state laws that extend protections to people living in the U.S. illegally -- claiming it's a move that will "further divide and polarize America."

    "At a time of unprecedented political turmoil, Jeff Sessions has come to California to further divide and polarize America," the Democratic lawmaker tweeted.
    Then, in a direct shout-out to the attorney general, Brown wrote, "Jeff, these political stunts may be the norm in Washington, but they don’t work here. SAD!!!"

    Jerry Brown @JerryBrownGov
    At a time of unprecedented political turmoil, Jeff Sessions has come
    to California to further divide and polarize America. Jeff, these political
    stunts may be the norm in Washington, but they don’t work here. SAD!!!

    5:56 PM - Mar 6, 2018

    The defendants named in the lawsuit are the state of California, Gov. Jerry Brown and Attorney General Xavier Becerra.



    California Gov. Jerry Brown, talks during a discussion at the America's Pledge launch event at the U.S. "We Are Still In" pavilion at the COP 23 United Nations Climate Change Conference, Nov. 11, 2017 in Bonn, Germany.


    Xavier Becerra speaks during the House Democrats news conference, May 11, 2016, to discuss
    Donald Trump?'s visit to Capitol Hi

    Justice Department officials said Tuesday that three state laws, which in part bar police from asking people about their citizenship status or participating in federal immigration enforcement activities, are unconstitutional. The Justice Department claimed that these laws prevent federal agents from doing their jobs.

    California Senate President Pro Tem Kevin de Leon, a Democrat who wrote the sanctuary state bill, tweeted, "Our nation’s Atty. Gen. Jeff Sessions is suing CA because we refuse to help the Trump administration tear apart honest, hardworking immigrant families. To that, I say BRING IT ON! CA will not be intimidiated."

    De Leon continued, "If Sessions is serious about cracking down on crime, he should stop fretting about CA and look in his own backyard. 2016 FBI stats show crime is far higher in his home state of Alabama than in California.

    Kevin de Leόn @kdeleon
    Our nation’s Atty. Gen. Jeff Sessions is suing CA because we refuse to
    help the Trump administration tear apart honest, hardworking immigrant
    families. To that, I say BRING IT ON! CA will not be intimidiated.

    Kevin de Leόn @kdeleon If Sessions is serious about cracking down on crime, he should stop fretting
    about CA and look in his own backyard. 2016 FBI stats show crime is far
    higher in his home state of Alabama than in California.
    6:12 PM - Mar 6, 2018


    State Senate President pro Tempore Kevin de Leon urges lawmakers to approve his gun control
    bill SB1235, May 19, 2016,

    De Leon also described the lawsuit as a "racist and xenophobic attack," writing, "If Sessions is serious about cracking down on crime, he should stop fretting about CA and look in his own backyard. 2016 FBI stats show crime is far higher in his home state of Alabama than in California."

    And in a final tweet Tuesday night, de Leon wrote, "Bottom line: California will NOT help President Trump, Jeff Sessions or Thomas Homan rip children from the arms of their mothers and fathers. Here in CA, we embrace our historic diversity, and we will do everything in our legal power to protect it."

    Kevin de Leόn @kdeleon
    Replying to @kdeleon
    Based on Jeff Session's track record in court so far -
    I like our odds of beating back his racist and xenophobic attack on the CA Values Act.
    Kevin de Leόn @kdeleon
    Bottom line: California will NOT help President Trump, Jeff Sessions or Thomas Homan
    rip children from the arms of their mothers and fathers. Here in CA, we embrace our
    historic diversity, and we will do everything in our legal power to protect it.

    6:12 PM - Mar 6, 2018

    Sessions is expected to announce the lawsuit Wednesday at an annual gathering of law enforcement officers in the state capital of Sacramento.

    ** Read the Complaint at link.

    http://abcnews.go.com/Politics/justi...ry?id=53570616







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  7. #7
    MW
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    Trump's Justice Department sues California over immigration enforcement

    PETE WILLIAMS
    Mar 6th 2018 9:23PM

    The Justice Department sued California late Tuesday, escalating the battle between the Trump administration and local governments over the issue of providing sanctuaries from a crackdown on immigration enforcement.
    The lawsuit, which also names Gov. Jerry Brown and California Attorney General Xavier Becerra, challenges three recently passed state laws that the Trump administration says hinder enforcement of federal immigration law and endanger federal agents.

    "The Department of Justice and the Trump administration are going to fight these unjust, unfair, and unconstitutional policies that have been imposed on you," U.S. Attorney General Jeff Sessions said in remarks prepared for delivery to a law enforcement convention.


    33 PHOTOS
    Sanctuary cities in the United States
    SEE GALLERY
    In signing the bills into law last October, Gov. Brown said they strike "a balance that will protect public safety while bringing a measure of comfort to those families who are now living in fear every day."

    The laws provide some of the most generous protections in the nation for immigrants facing deportation, but the Justice Department argues that they improperly venture into the enforcement of U.S. immigration law that is strictly a matter for the federal authorities.

    DOJ lawyers consider the laws to be a novel attempt to regulate federal immigration.
    The lawsuit, filed in federal court in the state capital of Sacramento, challenges three specific laws:


    — SB 54, which restricts law enforcement officials from notifying federal immigration agents about the release dates for prisoners in their custody who have been convicted and therefore face deportation. It also prohibits local officials from transferring those prisoners to federal custody.

    As a result, the Justice Department says, immigration agents face greater danger in re-arresting the former prisoners once they're back on the streets.

    — AB 450, which forbids private employers from cooperating with immigration agents who conduct worksite enforcement operations. The law also requires employers to tell their workers when federal agents are coming to conduct inspections.

    The Justice Department said a committee of the state legislature described the law as an effort to frustrate "an expected increase in federal immigration enforcement actions."

    — And AB 103, which requires the state to inspect detention facilities where federal authorities are holding immigrants who face deportation.




    Supporters of the laws argue they make communities safer by encouraging undocumented victims of crime to come forward without fear of being detained. But the Justice Department has questioned why California, after arresting someone for violating a state law, then hinders federal efforts to deport the offender. Immigrants who commit crimes are a priority for deportation.

    The suit asks a federal judge to declare the state laws invalid and block their enforcement. It is separate from other cases, now working their way through the courts, that are challenging the Justice Department's efforts to withhold federal crime-fighting funds from sanctuary communities.

    https://www.aol.com/article/news/201...ment/23378902/

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    De Leon also described the lawsuit as a "racist and xenophobic attack," writing, "If Sessions is serious about cracking down on crime, he should stop fretting about CA and look in his own backyard. 2016 FBI stats show crime is far higher in his home state of Alabama than in California."

    And in a final tweet Tuesday night, de Leon wrote, "Bottom line: California will NOT help President Trump, Jeff Sessions or Thomas Homan . Here in CA, we embrace our historic diversity, and we will do everything in our legal power to protect it."
    GO BACK LIAR!
    rip children from the arms of their mothers and fathers
    No, take them back to their homeland and let them APPLY FOR A VISA TO BE IN THE USA, like others have to BY LAW!

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    Well, finally something. I know it takes time to research for a lawsuit. I wish it would result in criminal charges against Brown and Becerra for wasting all that taxpayer money for their stunt law.

    Next, I hope they go after that Oakland Mayor! A trifecta!
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  10. #10
    Senior Member Beezer's Avatar
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    The illegal alien parents are the guardians and custodians of THEIR minor children...deport the whole family.

    No one 'RIPPING' them from their arms!! Load them up and take them with you.

    We are not the caretakers for YOUR minor children!

    YOU DO NOT DUMP THEM ON OUR DOORSTEP LIKE A BOX OF UNWANTED PUPPIES!

    DEPORT THEM ALL!!!

    AND STOP GIVING THEIR ANCHOR RATS U.S. BIRTH CERTIFICATES!

    GIVE THEM A "CERTIFICATE OF CHILD BORN ABROAD" AND BOOT THEM OUT OF HERE!

    FAST TRACK THE PREGNANT ILLEGAL ALIENS OUT OF HERE...THE DOCTOR'S NEED TO E-VERITY AND REPORT TO ICE.
    NO DACA - NO AMNESTY - NO PATH TO STAY - LET WORK PERMITS EXPIRE

    HAND UAC'S OVER INTO THE CARE AND CUSTODY OF THEIR EMBASSY!

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