The request was a few months too late. The Meet the Press Show on NBC reached out to Congressman Don Young’s press office to see if the congressman could be on the show on Friday, June 10.
“We would love to have him on the program if his schedule allows,” the request read. It may have been an intern who made the ask for the show that is the longest-running television show in history. If so, oops.
The communication director for Alaska congressional office for Alaska’s at-large seat took to Twitter to give his deadpanned answer:
“Unfortunately, @chucktodd, I don’t think Congressman Young’s schedule will allow him to be on Meet the Press with you tomorrow but I’ll circle back if that changes. Thanks for reaching out.”
Congressman Young’s 89th birthday would have been today, but he died on March 18.
Zack Brown, the communication director, also wrote on Twitter: “The best part to me is if DY saw this he would cackle about it for 5 minutes before asking me to print it and laminate it so he could show all his friends on the House Floor during votes.”
Corey Ahkivgak, who has attacked three people in Anchorage in the past six months, including a woman who he stabbed in the back at the Loussac Library, was let go by an Anchorage judge. By Monday, Ahkivgak will be walking the streets of Anchorage, free to attack again.
Angela Harris was stabbed while returning borrowed items at the Loussac Library on Sunday afternoon, Feb 13, 2022. Ahkivgak came up to her from behind in the lobby of the library as she approached the return chute. Her injuries were additionally severe because the man’s knife hit her spinal cord, causing paralysis. He had attacked two other women in months leading up to his attack on Harris, and had been released on those attacks, too.
“My family and I have lived in Alaska since 2005 and I am a mother to four children, all of whom I have regularly taken to the library since they were young. I am serving on active duty in the United States Coast Guard,” she said. “Corey Leif Ahkivgak drove a dirty Leatherman knife into my spine between L2 and L3, penetrating my spinal cord.”
But Judge Josie Garton of Anchorage Superior Court dismissed the charges, saying that Ahkivgak was never going to be competent enough to stand trial or understand the criminal Justice system.
Unless prosecutors can find a way to civilly commit him, the ruling means Ahkivgak can go wherever he wants, including any homeless shelter, park, grocery store, or back to the scene of his latest crime — the Loussac Library.
On Facebook, Harris wrote:
“When I arrived at St. Elias, “Momisol” (Ms. Marisol) said, ‘He broke your skin but he did not break your spirit’. Yesterday my heart broke. Today I am reminded of her words as I get myself up again refusing to allow the law to break my spirit. I will not deny that this ruling, the dismissal of his charges and ability to be released again, feels like a bigger blow than when Corey Ahkivgak drove a dirty leatherman knife through my spine.
“It was just another day at work on January 6th when Judge Garton followed the rules of the law releasing Mr. Ahkivgak from custody 28 days after publicly attacking two women on two separate occasions in December. He attacked me 38 days later. Yesterday was the second time that I listened to public competency hearings (for a mind blowing time, call the courts and get the information to listen to a block of those hearings).
“For almost two hours I listened to Municipal and State criminal charges being dismissed and cases dropped due to incompetence rulings. Multiple offenders. Violent offenders. Minor offenders. It was an assembly line of cases. There were victims, like myself, who pleaded with the court to help make sense of how someone could have murdered another human being and still be released with no record based on incompetence.
“Listening to Judge Garton as she justifiably carried out her lawful duties on another routine day in the office was one of the biggest hits I’ve ever taken. It was heavy for me because the people in positions of power have known this injustice has existed for a long time. They knew Alaska Laws were not yet written to protect the public. They knew people were being sent out to the streets daily with clean records. They’ve known there was a loophole, a gap putting Alaskans at risk, yet no one before now has looked into what can be done to fix it.
“Repeatedly, I am being told that, in addition to daily physical and occupational therapy, counseling, learning to walk, etc., it’s also now become up to me, as the victim, to fight for legislative changes. Knowing the courts have watched this injustice happen every day and no one has gotten in front of it because it hasn’t yet effected them or their family was one of the hardest hits. Rulings like this mean those released based on mental incompetency can still work in public schools, purchase firearms, anything they please because there is literally no record of their criminal activity nor their mental incompetence.
“Unless we continue to fight, Mr. Ahkivgak would be released to the public on Monday. My support team and I continue to show up in offices pushing for longer detainment. I am 100% confident that the DA prosecuting on behalf of the State is filing for a Civil Commitment (another soapbox for later, but I have no representation or say. This is a State matter and they do not work on behalf of the victim. The DA for this case has just been very kind at answering my calls and helping me make sense of it). I’ve also learned that if there is no bed space or if the Judge chooses, this request can be denied. API has 80 beds available to serve our state. 10 of those are designated to criminal rehabilitation.
“The Commissioner told the Governor during our meeting that these are adequate numbers and there isn’t a waitlist issue. It makes sense after listening to the court hearings because they release the criminals if they know they will not be able to get into a facility within the time the law allows for them to be detained (yes, I understand criminals are people and have rights too; I do not agree with it being acceptable to conclude 10 beds for rehabilitation is acceptable because we’ve already released a ton back to the streets because 10 beds are all we have).
“I have no legal background; my understanding is a Civil Commitment will detain him for 30 more days. We will continue to have to push for 60, 90 and then 180 days. My understanding is that is as long as he can be held accordingly to law. Judge Garton said he can be held for longer if he’s a danger, but I’ve not found supporting documentation to give me faith in this. After hearing other cases, I also understand that there is a strong lean on releasing criminals because they’ve been detained too long with no resolve. Evidently, keeping our community safe by keeping offenders detained is less favorable as so many pleaded with the judge for “immediate release” because their client has the right to be released since they are incompetent and has already been in jail for weeks or a couple of months. I am abundantly blessed to have Jesus as my stronghold and my family and friends as my support. Even with the love, support and encouragement of an army, there are moments that I crumble. I appreciate all of your love and support. Many of you wrote letters and have reached out to people in positions who can help; thank you for making enough noise to get their attention. Unfortunately, the squeaky wheel gets the grease. Please do not stop pressing in until laws are written AND passed. It is going to take community involvement to keep the needle moving. I cannot imagine the emotional, spiritual, mental and financial ruins that other victims before me have faced. Hearing the volume of cases in two days makes me wonder how many victims are out there. Alaska is so big yet so small. Do I know someone who was victimized? Do you? Do they have support?
“The resources that Alaska has is sometimes difficult to find. Even when found, Alaska’s Victims’ Compensation Board has a $40k cap. I would have blown through that a few hours after my attack. I haven’t found that Alaska has a support group for victims in my situation. Homicide, yes, but why does it have to come to that? What exactly are our rights, resources and options as victims? Another huge blessing, I am active duty and Tricare has helped but even then I’ve had to spend double digit hours of emotional stress fighting for outpatient services (again, thanks to Gaylin Swibold and Karen Hewes leaning in with our HS, I now have an incredible patient advocate and no longer have to fight this battle). What about victims who were already struggling to keep their head afloat? If you know a victim, I implore you to reach out to them. For me, I was in our public library on a Sunday afternoon. Through counseling, I’m learning that this has had a profoundly deeper traumatic effect because I was in a seemingly safe place full of fantastic memories. I’ve taken our kiddos to the library since they were young and have had a ton of fun experiences there. For others, who knows their experience? Are they fortunate enough to even have the time, funding and transportation for a counselor to help them process their experience? Where are they and how can they get the assistance that they need?
“I cannot imagine my life without my parents, Walter Burns and Robin Burns being retired and able to come here to take care of the two “littles” (spoiler, they are no longer little) in our home (we are blessed that Miss Kitty likes Mike Trepagnier and April Trepagnier so they can care for her while mom and dad are here). I cannot imagine how I would have been released from inpatient care without Dr. Todd Curzie opening his home to Aaron D and I. I cannot imagine how I would have made it through meetings with government officials without Captain Leanne Lusk picking up dialogue when my shaking voice fades. I cannot imagine how I would untangle my thoughts without the ability to word dump to Christine Moaga and have her help sort it all out.
“I am abundantly blessed. I still struggle daily. We keep fighting because there are victims out there with little to nothing. Criminals are not kept detained and are released creating more victims. We MUST protect and support our community. I honestly do not know how I could fill the gap but I would love to know other victims and hear their stories. I would love to know if there are things that we as a community could do to support them. Victims For Justice is a great resource and my advocate, Golda, is the kindest woman. It seems as if that system could use a little tweaking too (another soapbox for later), but for those victims who still have a gap in their needs, I wonder how our community could offer assistance. Jesus didn’t make a mistake. I am here because there is work to be done. My life is forever changed. We must close the loophole. We must bridge the gap. We must make our public places safer. We have a mental health crisis in our community with inadequate facilities and resources.
“We have a robust Mental Health Trust; how is Alaska utilizing it if not within API? Before anyone barks back, I understand this is happening globally. I understand there are more issues. I am trying to heal and fight with what I have been dealt. My tragedy will not be in vain. It’s already a victory because I still have my life and ability to love on my family and watch my kiddos continue to grow into extraordinary adults. This experience gives us a chance to save someone else from facing a similar attack or a family loosing a beloved. Prayerfully, that positive footprint would encourage someone else to leave a positive footprint. More than a decade ago Mr. Gillam, Diane and JL showed me and my family love and kindness in a way that I can never repay. The only thing any of them would ever say was, “whenever you see an opportunity, pay it forward”. I know Jesus has been with me every step of the way. I’m doing the best I can to press forward, still seek out the best in people and help whoever I can along the way without completely depleting myself. Even after reading this, if the only thing you do is show one other person kindness today, it’s a win.”
Original police report:
Initial indications are that 32-year-old Corey L. Ahkivgak was sitting at a table in the lobby of the library when he abruptly stood up and ran towards a male and female who were near some bookshelves by the windows. Ahkivgak stabbed the adult female in the upper body and then fled from the building on foot. The adult female was transported to the hospital by medics for treatment of her injuries. She is expected to survive.
A description of Ahkivgak was aired over the radio; multiple officers arrived and formed a perimeter. A K9 track was conducted but was ultimately unsuccessful. Just before 5PM a swing shift officer saw a male, matching the suspect’s description, walking near E 36th Avenue and Cottonwood Street. The officer gave the man commands and took him into custody at 4:58PM once backup units arrived. Ahkivgak was positively identified as the suspect.
While Ahkivgak was being transported to the Anchorage Police Department for questioning, he slipped his handcuffs from the back of his body to the front. The officer pulled over, removed Ahkivgak from his patrol vehicle, re-cuffed Ahkivgak’s hands behind him, and then placed hobbles onto Ahkivgak’s legs to keep him from slipping the cuffs again. While Ahkivgak was sitting in the interview room at APD HQ, he flipped over the table causing it to break. At the conclusion of the interview, Ahkivgak was remanded at the Anchorage Jail on the charges of Assault III, Violate Conditions of Release, Criminal Mischief IV (for the damage to the interview room), and Assault I.
There is no indication that Ahkivgak and the victim knew one another. The motive for the attack is still under investigation.
An analysis of the ballots being returned by voters in the congressional race shows that by mid-May, most of the expected ballots had already been received by the Division of Elections. The current push for “get out the vote” is for a smaller and smaller universe of expected ballots.
The number of ballots the Division of Election has in hand now stands at 119,279, with another data release expected late Thursday by the division.
About 3,000-4,000 mail-in ballots are expected by election analysts to be received per day Thursday through Saturday, with a total vote count looking to be about 135,000.
Saturday is the final day when ballots can be postmarked for the election that will decide which four candidates will compete to fill the temporary congressional seat for Alaska.
The Division of Elections has received more than 60,000 undeliverable ballot envelopes from the post office and voters. That is more than 13% of the entire voter roll, and the returned mail will assist the Division of Elections in future purges of the voter roll.
The large population boroughs mailed in 1.7% (Anchorage) to 3.0% (Kenai) more ballots during the past three days.
The Kenai (22.9%) and Mat-Su (19.4%) Boroughs continue lead in total ballot turnouts.
Smaller hubs had ballot surges approaching 4%: Copper River, Petersburg and Denali.
Western Alaskan ballot flow is weakening: North Slope Borough (0.4%) and Bethel (0.3%).
The most recent ballots trended from conservative areas, and the net Republican advantage is rose from 8.4% to 13.8% for the period.
With two days left in the special congressional primary of 2022, today is the late Congressman Don Young’s birthday. He would be 89.
At a birthday celebration for Congressman Don Young in 1994, (courtesy of Curtis Thayer).
Media notes: The Washington Post published its long-form story on the congressional race in Alaska, and it’s mostly accurate and expansively reported. And Bloomberg has a story out as well about the Alaska race. National Journal is prowling around the campaigns looking for quotes for a story as well.
Newsweek, which has become very left-leaning, has as story up now as well. That story is here.
The Washington Examiner story features mainly Santa Claus and Palin, at this link.
Meanwhile, the local Alaska media decided to gin up a story that any candidate who lends money to his own campaign is committing something akin to “legalized bribery.” In other words, it is legal to loan money to your own campaign and it is done all the time.
You cannot make this stuff up:
Native News Online has an interview with Tara Sweeney, linked here.
Spotted at baseball night: Nick Begich was spotted at the Chinooks and Mat-Su Miners opening game on Wednesday.
Ad buys: Mary Peltola bought new broadcast flight for $6,000 in Anchorage. Sarah Palin’s new radio ad flight cost her $11,000 for Southcentral Alaska stations. Al Gross bought last-minute broadcast for $24,000 in Fairbanks, Anchorage, and Juneau.
Endorsements: The Teamsters Union Local 959 has endorsedTara Sweeney.
Alaska House Republican Caucus Leader Cathy Tilton has endorsed Nick Begich.
Rep. Andy Josephson endorsed Adam Wool in a letter to the editor, which states, in part, “At the same time, Adam has been unafraid to take tough votes in defense of climate reduction and mitigation measures, gun safety, and a responsible Permanent Fund dividend, to name a few. He has also been principled, while simultaneously working well with both sides of the aisle. Rep. Wool has been collaborative, not divisive. Adam is also an exceptional listener.”
(Key phrase: The Democrats call it “gun safety.”)
Colony Days Saturday: Which candidates will show up for Colony Day parade in Palmer on Saturday? The weather is expected to be cloudy and in the mid-60s. Must Read Alaska will be there for the festivities.
Mary Peltola and daughter at Celebration in Juneau.
Celebration in Juneau: Celebration, a big Tlingit-Haida-Tsimshian event in Juneau, brought in candidate Mary Peltola for the festivities and parade. Celebration is one of the largest gatherings of Southeast Alaska Native peoples, drawing thousands of people, including more than 2,000 dancers, according to sponsoring organization, Sealaska Heritage Foundation.
Fundraisers: Nick Begich is holding a fundraiser at the Keith Manternach hangar on June 9 at 5:30 pm. The campaign said the first 15 people get a free NBIII t-shirt, and yes — full disclosure — MRAK publisher Suzanne Downing is a co-host and will attend.
I go to see a movie at the theater every couple of years; they’re overpriced, the service sucks, and the audience is usually a bunch of punks who can’t get off their phones. But nostalgia demanded that I go see “Top Gun – Maverick.” I saw the original when it came out at the 20th Century Theatre in downtown Juneau; surround sound was a new and neat thing in 1986.
That movie is responsible for the fact that you could trace the evolution of surround sound in the dead cables in my Juneau crawl space; if that chain slicing across the deck as the F14 catapults doesn’t addict you to surround sound, you’re immune – or something. In my experience, the original “Top Gun” was the first movie with truly good sound.
The new movie is just a modernized version of the old movie, but 1986 was an eon ago and it is time for a new audience that will think it is new. While the movie is a resounding box office success, I have to wonder if it is reaching that new audience. Admittedly, anecdote isn’t data, but my observation is that the audience was made up of people who saw it the first one. The only young people were the kids they brought with them. I don’t think this movie has much attraction to the man-bun and pink pussy-hat set. You can’t say it has “woke” conformity, but they’re careful to skirt any subjects or situations that might set the woke crowd off. To their credit, the producers kept the Nationalist Chinese flag on Maverick’s jacket despite the opposition of the Communist Chinese, who provided financing for the movie. Chinese financing of US movies is something we should address.
The protagonist, Pete Mitchell, call-sign “Maverick,” played by Tom Cruise, is a character many of us who have worked in government and corporations are very familiar with; he is very, very good at what he does and almost everyone above him or around him in the organization hates him. I think I know that guy. Maverick is the kind of guy who gets the assignments that can get you killed or your reputation ruined, and the people who gave you that assignment can claim they don’t know you. I’ve been there, done that.
In the original Maverick was a hair on fire “naval aviator” and the only things he chased more aggressively than enemy aircraft were pretty women. Orders and procedures were suggestions, often laughable suggestions from inferior men. Maverick becomes something of a hero by acting against orders and thwarts those who would like to destroy him. He receives a plum assignment and that is where we leave it in 1986.
In 2022, Maverick is still a captain and promotion has been impossible. One of his antagonists from almost 40 years before, “Iceman,” has become an ally, has also become an admiral, and is something of a protector. The Admiral, “Iceman,” steps in to rescue the still “dangerous” Maverick from yet another contretemps with the pencil-necked weenies and gets him assigned back at “Top Gun” to instruct a group of pilots for a very demanding and secret mission, an only thinly disguised covert raid on an Iranian nuclear site. Needless to say, many of the pencil-necked weenies in command don’t like the new addition to their mission.
The new one is essentially the same plot line as the original and the same characterizations, but with a couple of ironic twists. There are plenty of nostalgic cues to bring back memories for those of us familiar with the original. Maverick may have been a hero in the first one, but he wasn’t and isn’t a hero to the Navy bureaucrats above him so he remains a captain after all these years and everyone outranks him in every way except in reputation.
The original movie was unkind to the Navy brass. The new one is even less kind and is very much reflective of these times. The three-star in charge of the mission that is the focus of the story steps into the training that Maverick is conducting. The mission profile is very demanding and the team is having difficulty accomplishing the mission in simulation. The three-star changes the mission profile to make it less demanding so that the team can meet the metrics in the training for the mission. That means that the team is prepared for the mission but also all but guarantees that some or all of them will not survive it and the mission might not succeed.
That is unfortunately typical of today’s public management. The manager’s metric is to plan and train up a mission, so if he meets his metrics he is a success. If the team fails to carry out the mission successfully, the failure is on them. In less business school-like terms, he’s willing to sacrifice their lives to move any responsibility for failure away from himself.
Since you know the genre, I won’t be a spoiler if I tell you that Maverick and his team accomplish the mission, make an heroic, if unlikely though nostalgic, getaway, and Maverick rides off into the sunset with the pretty woman, and does so in a vintage WW II P-51, which may in fact be his. Tom Cruise does own and fly one.
It’s a good movie worth seeing and one that might do some good for our indoctrinated youth to see, so if you can tear your kids away from Tik-Tok take them to it. Without regard to the story, the graphics are stunning. No CGI or animation was used and all the flying was done by real Navy pilots flying real Navy aircraft although the websites are abuzz about whether the SU-57s depicted were real or whether they were US F-22s made to cosmetically resemble the SU-57. Of course, that is the sort of controversy that makes we who argue about stuff like that sometimes unpleasant to go to movies with.
Art Chance is a retired Director of Labor Relations for the State of Alaska, formerly of Juneau and now living in Anchorage. He is the author of the book, “Red on Blue, Establishing a Republican Governance,” available at Amazon.
Alaska Gov. Mike Dunleavy today expressed his gratitude and appreciation to Commissioner Dr. Michael Johnson, who is departing from his role as commissioner of the Alaska Department of Education and Early Development. Commissioner Johnson publicly announced his departure during the Alaska State Board of Education and Early Development quarterly meeting this afternoon. His official last day is June 30, 2022.
Sources say he has taken a job at a college out of state. Dunleavy and Johnson have for many years been friends and fellow educators in rural communities and the move is not seen as a rift, but an opportunity for Johnson to get back to the roots of education. Helping to pass the Alaska Reads Act has been one of his achievements in the Dunleavy Administration.
“From the moment he stepped into a classroom, Commissioner Johnson has been a true asset to Alaska’s public education system. His accomplished background in a rural Alaska school district gave him a unique perspective to be a successful and thoughtful leader,” said Dunleavy. “Michael has been a friend to many and I have valued his insight and commitment to our future generations. I wish him well in his future endeavors and thank him for his many years of dedication to Alaska’s students, educators, and administrators. It is only fitting that we cap off Michael’s years of service to the state with the historic passage of the Alaska Reads Act which earned bipartisan support and will greatly improve the trajectory for Alaska’s students – a feat that could not have been achieved without him.”
Commissioner Johnson began his service as Commissioner on July 1, 2016. He previously served in the Copper River School District as superintendent, school principal, district curriculum and staff development director, elementary teacher, and special education program assistant. During his tenure as its principal, Glennallen Elementary School was named a Blue Ribbon School by the U.S. Department of Education. Commissioner Johnson also is a recipient of the prestigious Milken Educator Award.
“It has been an honor to work with Governor Dunleavy and the State Board to improve student outcomes in Alaska. He has always made time to support the work necessary to support Alaska’s students,” said Commissioner Johnson. “There are far too many friends, colleagues, and fellow Alaskans to thank individually. I’ll look back on my time as Commissioner with enormous gratitude. I will continue to support Governor Dunleavy and an effective public education system in Alaska.”
Commissioner Johnson holds certification in Alaska as a teacher and administrator. He holds a BA and a MA in teaching degree in elementary education from Columbia International University, and a doctorate of philosophy in education and intercultural studies from the University of Alaska Fairbanks
After over a decade of serving a south-central portion of Anchorage in the Legislature, Rep. Chris Tuck is leaving office.
Redistricting put him into the same district as Rep. Andy Josephson. Both are Democrats, but Tuck was the House Majority leader during the past two years and is seen as a moderate Democrat, while Josephson is considered hardline left.
That leaves Josephson to run against Republican Kathy Henslee and Alaskan Independence Party candidate Timothy Huit.
Tuck, who has served in the Legislature since winning a House seat in 2008, is said to have a lot of work in the private sector right now. He is a business representative with the International Brotherhood of Electrical Workers Local 1547 and works as an electrician.
Henslee, a realtor, ran for Assembly and lost to Meg Zaletel earlier this year but is now a well-known name in the district. Josephson is also a well-known name, as he is pro-tax, pro-abortion, and considered a foe of a full Permanent Fund dividend.
It’s not enough to pass an ordinance — AO 2022-60 — that will give the Assembly a path to impeach a duly elected mayor. That controversial ordinance will be revisited by the Assembly on July 12 after much hue and cry from the public and a strategic decision on Tuesday by the Assembly to wait until they can seat another liberal member on the body for downtown Anchorage.
Now, the Assembly leadership has an ordinance that will give it the power to appoint the Youth Advisory Commission, taking that power away from the youth commission, who last year changed their procedures to vote as a body to appoint their representative to the Assembly.
The current youth member of the Assembly is conservative and outspoken. Sarah Price, who was voted by the commission in January, but not seated by the Assembly until May, has only been to three meetings. But she has challenged Assembly Chairwoman Suzanne LaFrance on her and the majority’s attempt to create an impeachment process for the mayor, and sided with the conservative adult members of the Assembly.
Thus, on Tuesday night, AO No. 2022-69, was offered by LaFrance, proposing to seize the power of the Youth Advisory Commission to appoint their representative and award that power to LaFrance, who would appoint someone who agrees with her.
Price excoriated LaFrance during the meeting on Tuesday during a traditional “moment of personal privilege.” Price pointed out that it had taken the Assembly five months to seat her as the youth representative after she had been elected by her peers, and that the ordinance to remove the power and voice of the youth commission had not even been shown to the members of the YAC before it was introduced as a last-minute agenda item on Tuesday.
Price called the move “devious,” and said that the role for the youth representative on the Assembly is not meant to be just a token seat-filler who would be both nominated and approved by the Assembly.
Later, LaFrance prevented Price from being able to speak on the topic, since she had already spoken.
Several young people who attended the meeting also objected to the takeover of the Youth Advisory Council by the Assembly and said so on the record during the public comment period.
The Youth Advisory Commission has a unique ability in code to nominate two youth commissioners to the Assembly — one regular, and one alternate. In the past, during the administration of liberal Mayor Ethan Berkowitz, the member was chosen by the mayor and was a leftist, who resigned from the youth commission when Dave Bronson became mayor, declaring the administration “homophobic.”
Since the group has been meeting, it established a new method for picking its ambassador to the Assembly, something that could come to an end with AO 2022-69.
As Price was using her time at the end of the meeting to ask the Assembly to not overrule the will of the Youth Advisory Commission, her microphone was cut off, something that has happened before with conservative speakers.
The crowd jeered and pointed out that other microphones were live still, as LaFrance attempted to blame the cut mic on a technical issue.
Seventeen Republican attorneys general, including Alaska Attorney General Treg Taylor, have filed an amicus brief with the 11th Circuit Court of Appeals in support of a Florida law that bans sanctuary cities.
The brief was filed by the attorneys general of Alabama and Georgia, Steve Marshall and Christopher Carr. Joining them were the attorneys general of Alaska, Arizona, Arkansas, Indiana, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, Texas, Utah, and West Virginia.
In 2019, the Florida legislature passed a bill signed into law by Gov. Ron DeSantis requiring state and local government officials and employees to comply with federal immigration enforcement.
DeSantis said he was proud to sign the bill “to uphold the rule of law and ensure that our communities are safe.” He thanked state legislators “and the Angel Parents for their commitment to seeing this bill across the finish line. Their leadership has made Florida safer.”
Shortly thereafter, the city of South Miami sued, and later several other groups, claiming the law discriminated against foreign nationals living in Florida illegally. U.S. District Court Judge Beth Bloom granted the city’s request for an injunction, halting the law from going into effect. Florida then appealed.
The Florida case is currently on appeal from the U.S. District Court for the Southern District of Florida, Miami Division. The attorneys general argue Bloom legislated from the bench and exceeded her constitutional authority.
“The amici States must constantly defend against legal challenges to state statutes brought by those who oppose the results of the legislative process,” they argue in the brief. “These litigants invite federal courts to substitute their own judgment for that of the legislature. Too often, courts accept the invitation to usurp the legislative role by ascribing invidious intent to legislative enactments based on sheer policy disagreement, dressed up as supposed discrimination.
“The Constitution forbids that, and for good reason. … Federal courts are poorly positioned to weigh the many interests at stake. Their decisions are rendered without public debate. And, because they are not elected, they cannot be held accountable by the people.”
They argue Bloom “fell prey to exactly this temptation.”
“A legislative judgment that the country’s existing laws should be enforced is not an extreme or suspect position,” they argue. “Yet the district court held the law facially invalid, because it was supposedly enacted with discriminatory intent, even though the law specifically prohibits racial discrimination. The Court did not point to any discrimination apparent in the text of the law (there is none).”
AG Marshall said, “An unelected federal judge apparently disagrees with Florida’s political judgment about whether immigration laws should be enforced, but that should not be relevant,” adding that he hopes the court undoes Bloom’s “troubling ruling and puts an end to this practice of legislation by judicial fiat.”
In Florida AG Ashley Moody’s brief filed with the 11th Circuit, she argued Judge Bloom “committed numerous errors to arrive at the remarkable conclusion that the Florida Legislature had secret racist motivations in enacting SB 168.”
“The law promotes public safety in facilitating federal immigration enforcement against criminal aliens, while expressly prohibiting racial discrimination in its implementation,” the brief states. “The district court found a hidden racist motive only by ignoring key provisions of the statute, failing to afford the Legislature a presumption of good faith and placing great weight on the thinnest of evidence.”
There are currently more than 300 so-called sanctuary cities in the U.S. whose officials won’t cooperate with federal immigration enforcement, the Federation for American Immigration Reform (FAIR) estimates.
“Many sanctuary policies restrict law enforcement agencies from cooperating with federal immigration officials, including prohibiting their compliance with immigration detainers,” it states.
According to U.S. Immigration and Customs Enforcement estimates, more than 2.1 million illegal immigrants are living in the U.S., with more than 1.9 million of them having deportation orders from a judge.
In a recent letter to Department of Homeland Security Secretary Alejandro Mayorkas, Florida Congressman Matt Gaetz estimates that it would take 14.5 years to deport “just the aliens DHS has released under the Biden Administration,” into the interior of the U.S., including Florida. This is in addition to the 1.9 million with deportation orders who haven’t been deported.
He also recently cited DHS data indicating that the Biden administration has the lowest deportation rate in the history of the agency. According to DHS data, 48% fewer criminal illegal immigrants have been arrested and 63% fewer convicted criminals have been deported under the administration, he said.
