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Monday, October 14, 2019

California attorney general moves to dismiss federal lawsuit against state

By Mark Iandolo | May 15, 2018

SACRAMENTO, Calif. (Legal Newsline) — California Attorney General Xavier Becerra announced May 4 that his office is filing both a motion to dismiss and an opposition to a preliminary injunction in the case United States v. California, a lawsuit brought by the federal government to invalidate three state laws regarding safety, health, and welfare for Californians.

According to Becerra’s office, the federal government is attempting to thwart California’s sovereignty when it comes to ensuring the safety, privacy and constitutional rights of its residents. Becerra argues the three laws the federal government is attacking are all consistent with the Immigration and Naturalization Act. According to Becerra, the laws do not prevent the federal government from enforcing federal immigration laws. 

“California’s laws work in concert – not conflict – with federal laws and are fully constitutional,” Becerra said in a statement. “The 10th Amendment of the Constitution gives the people of California, not the Trump administration, the power to decide how we will provide for the public safety and general welfare of our state. The federal government has no grounds to intrude on California’s constitutional authority to enact laws designed to protect its people.” 

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