Apparently, Keith Ellison wants a constitutional bitch-slapping

Apparently, Keith Ellison wants to get slapped around by the Eighth Circuit Court of Appeals. Ellison either didn't understand the part about the U.S. Constitution's Supremacy Clause or he's attempting to intimidate Sheriff Kyle Burton. It isn't likely he'll do either. According to this Alpha News article, "A local sheriff is pushing back after Minnesota Attorney General Keith Ellison published a formal legal opinion which says Minnesota sheriffs do not have unilateral authority to enter into 287(g) agreements with the federal government."

Actually, Keith, they do have that authority. That's because the authority comes from the U.S. Constitution. State attorneys general have no say in the matter because of this thing called Separation of Powers. That's in the U.S. Constitution, too. That's why this official-sounding opinion is just another example of DFL lawfare. It isn't anchored in the right constitution.

Since immigration and naturalization are the federal government's responsibility, states don't have any authority. It's that simplified.

In a formal legal opinion issued late last week, Ellison said local sheriffs do not have the authority to enter into 287(g) agreements with ICE on their own. Instead, the DFLer said, such agreements must be approved by the county’s board of commissioners.

Ellison’s opinion also said state law bans local law enforcement from detaining or holding someone based solely on a civil immigration detainer issued by ICE. The attorney general said that ban exists regardless of whether a valid 287(g) agreement is in place.

Actually, county commissioners aren't vested with that authority, either, because of the Separation of Powers Doctrine.

Sheriff Burton's Rebuttal

Regarding Ellison’s opinion, Burton told Alpha News he disagrees with the DFL attorney general’s interpretation of the law and said “sheriffs have independent law enforcement authority separate from any action or authority possessed by the County Board.”

Burton said Ellison "points out in his letter that no specific statute authorizes sheriffs to enter into contracts with agencies of the federal government or to perform services on behalf of the federal government. Mr. Ellison is correct on this, but he must also accept the fact by taking this position it is also true that no statutes prohibit it either."

Ellison suffers from TDS, aka Trump Derangement Syndrome. Anything associated with Trump, in Ellison's mind, is unconstitutional. Kyle Burton was recently interviewed by Liz Collin. It highlights some important points:

The most important point is that Section 287G is part of the Immigration and Naturalization Act, which is a federal law. That alone eliminates state jurisdiction on 287G. The Immigration and Naturalization Act is the law of every square millimeter of the U.S. If it allows sheriffs and these sheriffs' deputies to enter into 287G agreements, then any agreement signed that complies with the Immigration and Naturalization Act is legitimate. Any opinion issued by a state attorney general must comply with the Immigration and Naturalization Act. Period.

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