Post by Chris Ahlstrom<snip>
https://www.thegatewaypundit.com/2024/11/tom-homan-blasts-denver-mayor-johnston-we-agree/
<snip>
Gateway Pundit LOL
https://denverite.com/2024/11/25/denver-mayor-mike-johnston-donald-trump-immigration-law/
Elon Musk, Republicans blast Denver mayor for resistance plans — but
what does the law say?
The mayor’s office says “conflict between our law enforcement and the
military is not our plan or desire.”
Denver Mayor Mike Johnston got national attention for his comments to
Denverite about President-elect Donald Trump’s plans for mass deportations.
In the interview, Johnston imagined a future where the city government
and its populace might resist an immigration crackdown.
“More than us having [Denver Police Department] stationed at the county
line to keep them out, you would have 50,000 Denverites there,” Johnston
said on Nov. 15. “It’s like the Tiananmen Square moment with the rose
and the gun, right? You’d have every one of those Highland moms who came
out for the migrants. And you do not want to mess with them.”
The mayor’s words of defiance drew widespread reactions in national Fox
News coverage and from conservative leaders.
Elon Musk claimed on X: “The mayor of Denver hates his constituents.”
Newt Gingrich posted: “Denver attempting to block the federal government
detention and deportation of illegal aliens would be an act of
insurrection and would be immediately crushed by the federal
government.” Gingrich was a Republican Speaker of the House.
Johnston later walked back the idea that city police could block
immigration enforcement agents. But he remains supportive of mass protest.
On Face the Nation, Republican Sen. Rand Paul claimed Johnston could
potentially lose his position as mayor if he leads immigration resistance.
“What he is offering is a form of insurrection, where the states resist
the federal government. Most people objected to that, rejected that long
ago, so I think the mayor of Denver is on the wrong side of history, and
really, I think will face legal ramifications if he doesn't obey the
federal law,” Paul said.
Johnston later told 9News he regretted his choice of imagery, but also
that he would personally participate in protests “if our residents are
having their rights violated.” When reporter Marc Sallinger asked if the
mayor would risk arrest, Johnston said he was comfortable with that.
Meanwhile, while Johnston described police officers “stationed on the
county line” to blockade immigration agents, a spokesperson downplayed
that possibility.
“I think we’re still just very much working through what our plan and
options are if Trump does follow through, but any sort of conflict
between our law enforcement and the military is not our plan or desire,”
mayoral spokesperson Jordan Fuja wrote to Denverite.
The legality of Johnston’s resistance depends on how it happens.
For now, the debate is hypothetical, but it raises questions about
federal and local authority in the years ahead.
The federal government has the legal right to enforce its law, said
civil rights attorney David Lane. But Trump would not have the right to
demand that the state of Colorado or the city of Denver help with
immigration enforcement.
“Johnston is correct in his legal analysis that Denver is not required
to help the feds round up people,” Lane said.
On one hand, it’s true that federal law trumps state law, said
University of Denver constitutional law professor Sam Kamin.
“The structure of American federalism makes clear that federal law is
the supreme law of the land,” Kamin said. “Where there is a direct
conflict between state and federal law such that a person can't comply
with both, the federal government prevails.”
But a second legal principle prevents the federal government from
forcing states and cities to do its bidding.
“The federal government can come into the state of Colorado and enforce
federal law, whether it's on immigration or marijuana law,” Kamin said.
“But it can't make the states participate in that without their consent.”
Peaceful protest is protected, said Lane, and those “50,000 Denverites”
could demonstrate against Trump’s deportation plans legally. That could
include demonstrations against the National Guard.
But if those same people blocked an arrest or disobeyed a legal order
from police, whether local or federal, they would be in violation of the
law — whether they’re the mayor or not.
“If law enforcement gave an order, the issue would then become, was that
a lawful order?” Lane said. “It would be a murky legal quagmire.”
National Guard troops, though, are not police officers. Whether their
orders must be followed would be “murkier,” he added.
Trump’s idea of using the National Guard to round up people is deeply
problematic, Lane said.
“Mobilizing the National Guard to arrest people is something that this
country has not tolerated, and probably should not tolerate,” he said.
“You don't want the army used as a tool to enforce local laws or federal
laws. The army is here to defend this country from foreign invaders.”
The idea of using the National Guard and other military forces is
controversial among Republicans, too. In his Face the Press interview,
Paul said he opposes it.
If Johnston were to bring Denver police to the county line and attempt
to block federal forces from entering the country, that would be
entering “uncharted waters,” Lane said.
In short: The mayor, the city of Denver and the state of Colorado have
some room to push back against Trump’s plans, but there are untested
legal questions.
Could the courts force Johnston out of office?
No, Lane said.
“Denver voters voted him into office,” Lane said. “The feds have no say
on who will or will not be the mayor of any jurisdiction.”
Even if an elected official is jailed or imprisoned, Lane said, they can
continue serving.
The mayor’s comments drew cheers from others.
Nicole Cervera Loy, who has family members at risk of deportation and
serves as the policy director for the Colorado Immigrant Rights
Coalition, says immigrants are afraid of Trump’s policies.
She is glad that Johnston is committed to resisting mass deportations
and enacting Colorado and Denver’s protections for immigrants.
“I think that keeping Denver sanctuary status is a good thing,” Cervera
Loy. “And I think that him agreeing to continue having our backs and
having our communities' backs is really reassuring.”
Her group is working to prepare immigrants for the Trump administration,
including through education on their rights.
She wants Johnston to double down on his commitment to sanctuary laws
that limit how local law enforcement collaborates with federal
immigration enforcement.
But she was concerned by Johnston's suggestion that Denver police could
still help to deport people with felony records — something state law
would prevent without a judicial warrant from federal agents.
Immigrant rights advocates have spent more than 15 years ensuring the
city and its courts are safe places for newcomers, said attorney Hans Meyer.
“The protections that have been built into Denver and Colorado were done
by our community,” Meyers said.
Kyle Harris
--
"Title 8, U.S.C. § 1324(a) defines several distinct offenses related to
aliens. Subsection 1324(a)(1)(i)-(v) prohibits alien smuggling, domestic
transportation of unauthorized aliens, concealing or harboring
unauthorized aliens, encouraging or inducing unauthorized aliens to
enter the United States, and engaging in a conspiracy or aiding and
abetting any of the preceding acts. Subsection 1324(a)(2) prohibits
bringing or attempting to bring unauthorized aliens to the United States
in any manner whatsoever, even at a designated port of entry. Subsection
1324(a)(3)."
“Western values mean three things: migration, LGBTQ, and war." Viktor Orban
“The divide in America right now is not about ideology but about where
we get our information.” -- Jack Cashill
“If you want a picture of the future, imagine Kamala's cackling
face—forever.”
https://www.globalgulag.us