Lopez v. United States Immigration & Naturalization Service

758 F.2d 1390
CourtCourt of Appeals for the Tenth Circuit
DecidedApril 8, 1985
DocketNo. 83-2537
StatusPublished
Cited by1 cases

This text of 758 F.2d 1390 (Lopez v. United States Immigration & Naturalization Service) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lopez v. United States Immigration & Naturalization Service, 758 F.2d 1390 (10th Cir. 1985).

Opinion

LOGAN, Circuit Judge.

Plaintiff Jose Refugio Pinon Lopez appeals from the district court’s grant of defendants’ motion for summary judgment. Plaintiff seeks damages, and declaratory and injunctive relief under 42 U.S.C. §§ 1981 and 1983 based on United States Immigration and Naturalization Service (INS) officials’ seizure of his driver’s license at a time when he was technically in violation of U.S. immigration laws. On appeal plaintiff argues that (1) the Tenth Amendment prohibits INS officials from enforcing Colo.Rev.Stat. § 42-2-103(3)(e), which forbids the issuance of a driver’s license to persons whose presence in the United States is in violation of federal immigration laws; (2) the INS officials’ actions were illegal because no express independent federal authorization existed for their actions; and (3) confiscating plaintiff’s license violated Fifth and Fourteenth Amendment guarantees of procedural due process. In view of our resolution of these three issues, we need not consider plaintiff’s argument concerning the individual defendants’ qualified governmental immunity.

In October 1979, plaintiff was a passenger in a car that was stopped by officers of the INS. When he was unable to produce evidence of his lawful presence in the United States the officials took him into custody and transported him to the INS Detention Center in Aurora, Colorado. Plaintiff explained to the INS officials that his United States citizen wife had filed a petition seeking resident alien status for him.1 The following day an INS investigator located a file containing such a petition. After contacting plaintiff’s spouse INS authorities released him. Subsequently he was issued an immigrant visa and admitted to the United States for permanent residence.

Pursuant to their standard practice, the INS officials returned plaintiff’s license, which they had taken at the detention center, to the Colorado Department of Revenue, which initiated proceedings to determine whether plaintiff’s driver’s license should be cancelled. The state authorities conducted a hearing in February 1980, at which plaintiff appeared with counsel. Following the hearing Colorado revoked plaintiff’s license. Shortly thereafter, plaintiff initiated this civil rights action against the INS, its officials, and officials of the Colorado State Department of Revenue. The state officials settled with plaintiff and are no longer in the lawsuit.

I

Plaintiff contends that the Tenth Amendment to the United States Constitution pro[1392]*1392scribes the actions of the INS. Relying on National League of Cities v. Usery, 426 U.S. 833, 96 S.Ct. 2465, 49 L.Ed.2d 245 (1976), and United States v. Best, 573 F.2d 1095 (9th Cir.1978), he reasons that the Tenth Amendment prohibits the federal government from acting in areas that are exclusively within the province of the states. Because the regulation of state drivers’ licenses is an exclusive and traditional state function, he argues that the federal government may not interfere.

At the outset we note that the United States Constitution confers on Congress the power to regulate matters relating to immigration. U.S. Const, art. 1, § 9, cl. 1. In addition, the Supreme Court has “repeatedly emphasized that ‘over no conceivable subject is the legislative power of Congress more complete than it is over’ the admission of aliens.” Fiallo v. Bell, 430 U.S. 787, 792, 97 S.Ct. 1473, 1478, 52 L.Ed.2d 50 (1977) (quoting Oceanic Navigation Co. v. Stranahan, 214 U.S. 320, 339, 29 S.Ct. 671, 676, 53 L.Ed. 1013 (1909)). This broad grant of authority is exclusive to Congress. Galvan v. Press, 347 U.S. 522, 531-32, 74 S.Ct. 737, 742-43, 98 L.Ed. 911 (1954).

Thus it is with this backdrop that we examine plaintiff’s claim. Garcia v. San Antonio Metropolitan Transit Authority, — U.S. -, 105 S.Ct. 1005, 83 L.Ed.2d 1016 (1985), overruled National League of Cities and thereby rejected the argument that “traditional” state functions are insulated from federal authority. Nevertheless, another Supreme Court case more accurately addresses our issue. In Hodel v. Virginia Surface Mining & Reclamation Assn., Inc., 452 U.S. 264, 101 S.Ct. 2352, 69 L.Ed.2d 1 (1981), the Court examined whether the Tenth Amendment limited congressional power to pre-empt or displace the states’ regulation of private activities affecting interstate commerce. Id. at 289-90, 101 S.Ct. at 2366-68. The Court, in finding no Tenth Amendment obstacle, “rejected the suggestion that Congress invades areas reserved to the States by the Tenth Amendment simply because it exercises its authority under the Commerce Clause in a manner that displaces the States’ exercise of their police powers.” Id. at 291, 101 S.Ct. at 2368. Although in the present case the INS acts pursuant to the immigration clause of Article I, § 9 rather than the Commerce Clause, congressional authority under both clauses is plenary. See Kleindienst v. Mandel, 408 U.S. 753, 766, 92 S.Ct. 2576, 2583, 33 L.Ed.2d 683 (1972) (Congress’ plenary power over immigration). Because Congress may entirely pre-empt state authority in immigration matters, we dismiss plaintiff’s claim that the INS actions violated the Tenth Amendment.

II

Plaintiff argues that because the INS officials acted without any federal statute or regulation expressly authorizing their conduct, their confiscation of his state driver’s license exceeded the scope of their authority.

Congress has conferred upon the INS broad authority to address the problem of illegal aliens. It is a felony to make false statements in matters relating to immigration or to use falsely procured documentary evidence of citizenship. 18 U.S.C. § 1015. The Immigration and Nationality Act authorizes the INS to interrogate any alien or person believed to be an alien. 8 U.S.C. § 1357(a)(1). The Act permits INS officials to arrest aliens whom the officials have reason to believe are in violation of the immigration laws. Id. at § 1357(a)(2). The Act empowers INS officials to detain illegal aliens and permits the Attorney General to arrange for their deportation. Id. at § 1252. These provisions collectively reveal Congress’ strong interest in effective enforcement of our immigration laws. The Supreme Court has recognized the significant public interest in the enforcement of immigration policies. See INS v. Miranda, 459 U.S. 14, 19, 103 S.Ct. 281, 284, 74 L.Ed.2d 12 (1982) (per curiam); United States v.

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