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- [00:00]
T-Mobile Representative
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- [00:29]
Michael Popak
T Mobile the war on what Donald Trump likes to refer to as sanctuary cities or states, complete misnomer. They're not providing sanctuary where these people who might have conflicted immigration status are going to be immune from being picked up for federal crimes. That's not what's happening with quote unquote sanctuary cities. They're not sanctuary cities or states. They're just making sure that resources in the state are properly devoted to law enforcement and not chasing around other human beings on a civil detainer or arrest order. And that's a choice they make which they get to make under the dual sovereignty where states have equal sovereignty to the federal government and our system of federalism. And now we got a first order. There's been about a dozen lawsuits filed since day one of the Trump administration to go after primarily blue states and blue cities and blue mayors and blue governors. And we have a first ruling coming out of Illinois, the Eastern District of Illinois federal court. A major setback for the Trump administration entered by Judge Lindsey Jenkins. I'll cover it right here on Midas Touch and Legal AF because it matters at the intersection of law, politics. What happened? Trump administration filed various lawsuits all over the place. They just filed one about a week or two ago against New York. They filed against New York State, Los Angeles, Colorado, Illinois, New Jersey, certain cities, certain states claiming that that each of those cities or states are issuing orders that prevent state or local municipal personnel from providing information or participating in or assisting federal law enforcement, federal ice, federal, you know, whatever immigration officials who want to detain, retain, deport, arrest people. Now, the reality is that's not what these laws do. These laws say there shall be no participation. You shall not commandeer as the federal government our state officials and we will not share information with you. Now, if it's a crime and it's crime and punishment law enforcement, we're all in. But if you're talking about civil enforcement of Federal immigration law, do it on your own, do it yourself. We've got limited resources, We've got limited personnel. Our funding has even gotten smaller since the Trump administration's taken over. And this is our policy decision as a state as to the relationship, state and federal. Now, there are laws and Supreme Court rulings going back to the founding of this country, which set up our system of federalism. And under the 10th amendment, states have all the power that hasn't been given to the federal government. And while judge, the judge in this case, Judge Jenkins, has pointed out that the federal government and Congress have broad powers. Whatever they want to get involved with and regulate, they can regulate. But what they can't do is commandeer, take over, give direct orders to the state officials or municipal officials. That's not allowed in our system of federalism. And it runs both ways. Under another doctrine that we call intergovernmental immunity, states can't issue orders to federal officers, agents, or departments. That's why states can't tax a federal bank like the Federal Reserve in their neighborhood. They can't be taxed by the state. Now, we just saw an aspect of this play out in California over the National Guard, but that deals with an entirely different set, a similar set of laws and regulations about when the National Guard can be commandeered by a federal president, by the president, but here, this is different. So Judge Jenkins is the first one in Eastern District of Illinois in a case called U.S. of America, United States of America versus State of Illinois, and the governor and the mayor of Chicago and the rest, all blue. You see where this is going? And she ruled that a number of things, One, get rich. She got rid of all. Before she dismissed the complaint, she dismissed some of the parties that were sued by Trump. So Pritzker, the governor, a political rival of Trump, the mayor of Chicago, political rival of Trump, have all been dismissed from the case. Then she looked at the complaint itself, the suit, and she said it violates the 10th Amendment, which empowers the states to be sovereign, dual sovereign, with the federal government within their realm. And all powers not given to the federal government by Congress or by the Constitution are reserved for the states. That is the foundation of our system of states versus the federal government. Now we have a president that attacks states rights. See, Republicans used to be in favor of states rights. And when they want to be, like reproductive rights, they'll say, well, it's not for the federal government, it's for the states. The states need to dictate how they want to handle abortion and women's rights and all of that. It's not a federal issue, it's a state issue. But then when they don't like what the states are doing or they're blue states, they want to embarrass them, then they say, oh, you must follow our commands. We are directing you to provide us all the information we need in order to detain, retain, civil, arrest this person in our immigration laws. And that's not how, as Judge Jenkins point out, that's not how the laws work. The feds can do it, but the feds cannot command the states and the cities to do their dirty work with them or for them. Again, if it crosses over into a crime. Now we're talking about something else. And I think Jenkins makes a very, the judge makes a very good point in the order and I'll read a couple of passages from it. When the judge says sanctuary cities is a misnomer. Sanctuary implies like you're being chased after by some government official, some prosecutor, some law enforcement, and you run into a church boom. Or some sort of diplomatic post like a consulate office or an embassy and you say I need sanctuary. And the church or the embassy gives you sanctuary and doesn't allow the crime that you've been charged with to be facilitated or executed on their ground. So you get immunity, you get sanctuary. That's not what this is. This is just defining if the state, local officials are going to waste their time and money supporting the federal government or the feds are going to have to do it on their own. I'm officially obsessed. This is my Lola blanket and I'm telling you, it's not just a blanket, it's a full on experience. The first time I wrapped myself in this thing I audibly said, oh my God. It's insanely soft. Like next level soft and the design and actually looks good thrown over my couch. Total upgrade. I I'm a blanket person. No shame in that. After a long day, I wind down with the show and now with this blanket, mine's the large and it's perfect. But the extra large massive. Like bring a friend massive. Lola blankets are machine washable, vegan and somehow they don't pill or shed. No joke. I've already thought about replacing all my other blankets with Lola. They've seriously ruined other blankets for me. For a limited time, our listeners get 35% off at Lola Blankets.com with code LEGAL AF at checkout. That's Lola Blankets.com code LEGAL AF for 35% off your entire order. And don't forget, after you buy, tell them we sent you, wrap yourself in luxury with Lola blankets. Donald Trump likes wasting hundreds and thousands and billions of dollars on various things like, you know, this, this plane that he's about to take from Qatar this week and blow all the money to retrofit it in order for him to fly it away as a gift at the end of his term. You know, and all the money, he's going to waste up to $400 million on golf trips during this next four years. But he wants, but he doesn't have the money to like, to devote to his own immigration and immigration policies. I thought that was the big beautiful bill. I thought that was the billions of dollars making ICE the most heavily funded law enforcement unit in government history, in US History. I thought that. And so here's what Jenkins has done. She's just, you know, the judge has dismissed the complaint. They can try to refile. But I think this is a very good blueprint. I'm going to post this on Legal AF substack. This is a very good blueprint for the other states like New York, which just had a lawsuit filed against it in the Eastern District of New York on the same grounds. And let me just read a couple of pages of it that I think are important here to kind of set the stage. On pages three and four, Judge Jenkins says Illinois, Cook county and Chicago all pass laws commonly referred to as sanctuary policies, a misnomer recognized by the 7th Circuit. While the term signifies a place of referee, refuge or protection, presence in such localities will not immunize anyone to the reach of the federal government. View together the Illinois Way Forward act, which is the law. The Cook County Ordinance, the Cook County Welcoming City Ordinance, prohibit state and local government support of civil immigration activities. This includes complying with detainers, communicating with immigration agents before releasing noncitizens, providing immigration agents access to noncitizens in custody, and giving immigration agents information, such as contact information and release dates about noncitizens. That's what we're talking about. And then if you go to page 16 of this order, I think the judge does a very good job talking about the constitutional principles that are in play and talks about dual sovereignty. And here's what the judge says about that. When this nation was governed by the Articles of Confederation, it was afflicted by an infamously ineffective central government and fiercely independent union of states. The Constitution rectified these effects. This is on page 16. By crafting a federalist system that would strengthen the federal government by allowing it to legislate upon individuals while preserving the sovereignty of states. Thus, both the federal government and the states wield sovereign powers. And that is why our system of government is said to be one of dual sovereignty. It's enshrined in the Constitution's text and structure. And then she goes on to say, the judge goes on to say about anti commandeering. Federal preemption is also bounded by the anti commandeering doctrine. Although recognized long after the founding era, anti commandeering is simply the expression of a fundamental structural decision incorporated into the Constitution, that is the decision to withhold from Congress the power to issue orders directly to the states. Centered on the principles of voluntariness. The anti commandeering doctrine holds that the federal government may not compel the states to enact or administer a federal regulatory program. And that's exactly what the Trump, by his executive order way back on the first day of office does. It tries to make the states part of the administration of a federal regulatory program. Do it yourself. States are allowed to opt out, in other words, and that's where the sanctuary policy comes from. And this violates the 10th amendment. So here's what I think is going to happen. This would go up to the 7th Circuit Court of Appeals, sort of a moderate middle of the road court of Appeals, ultimately to the United States Supreme Court. Trump will probably wait to see what happens in the other places. Like he just filed the case in New York. But if I were making a prediction, which I will, New York is going to rule very similar. This Jenkins decision is gonna be the blueprint for a lot of states to find and their judges to find against the Trump administration as a setback on their attacks on their political rivals. I'll continue to follow it all right here on Midas Touch. Take a moment, come over and slide over to Legal AF YouTube as well, which I do in collaboration with the Midas Touch network and hit the free subscribe button there as well. So until my next report, I'm Michael Popak. Can't get your fill of Legal af. Me neither. That's why we formed the Legal AF substack. Every time we mention something in a hot, whether it's a court filing or a oral argument, come over to the substack. You'll find the court filing and the oral argument there, including a daily roundup that I do called wait for it Morning af. What else? All the other contributors from Legal A for there as well. We got some new reporting, we got interviews, we got AD free versions of the podcast and hot takes where Legal AF on substack come over now to free subscribe.
- [13:16]
Ford Representative
From the Cascades to PDX to your kitchen. We recycle like we live here. That's why governments, brands and recycling companies are all joining together to bring change to make recycling better. As in trusting that your recyclables end up in the right places to be made into new things and having brands help fund the cost of recycling. You can find the Latest updates@recycleon.org Oracle From Mount Hood to the bin under your desk, together we can do this.
- [13:46]
Michael Popak
It's the Summer Sales event with the Ford groove. Sam, 30 seconds on the clock. The Ford Summer Sales event. Great.
- [13:52]
Ford Representative
Time to buy.
- [13:53]
Michael Popak
Correct.
- [13:53]
T-Mobile Representative
What do we have? Amazing deals on this summer? Ford trucks and SUVs.
- [13:56]
Michael Popak
Is Ford America's all time best selling auto brand? Let me think. Yeah, it is three for three. What do I win? You get to work at the Ford Summer Sales event. Amazing. I think I was gonna do that anyway. You betcha. Based on Automotive News Almanac historical data and industry reported Sales data from 1909 through 2024, cyclops.