Former immigration judge Mark Metcalf said these state officials are defying federal law by letting criminal illegal aliens go free, instead of allowing deportation or detention until an immigration hearing. By prohibiting deportation, these state officials are trying to litigate and pass rules that keep federal law from being enforced.
He said they won’t comply unless you hit their pocketbook.
"When you tell them, 'you're going to follow the law and if you don't you will pay a very steep price', then they either get in line or they go to jail and they pay heavy contempt fines. That's the only way to do it," said Metcalf.
The current Garrard County, Kentucky prosecutor said state officials can also be sued for not following federal law.
He added when it comes to immigration, federal law is supreme according to the US Constitution.
"If you want to fix immigration problems, 90 percent of them can be fixed by simply enforcing the law," said Metcalf.
He said ultimately, Congress sets mandates that prohibit criminal behavior from lower court officials’ unconstitutional actions.
Metcalf said you don't see these officials interfering with the naturalization process.
He said it encourages disrespect of federal law. By allowing criminal illegal immigrant communities to settle in the same area, it disrupts those who obey the law.