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Judge Andrew Napolitano said Wednesday he believes the Justice Department will prevail, at least partly, in its lawsuit against California over the state's sanctuary policies.

On "Fox & Friends," Napolitano noted that the Justice Department on Thursday night filed a lawsuit against California, claiming three recently-passed state laws are deliberately interfering with federal immigration policies.

He explained that one of the statutes gives state officials the power to monitor and inspect immigrant detention facilities either run directly by, or contracted through, the Department of Homeland Security.

Another -- dubbed the "sanctuary state" bill by its critics -- protects immigrants without legal residency by limiting state and local cooperation with Immigration and Customs Enforcement (ICE), including what information can be shared about detained illegal immigrants.

The third prevents private companies from voluntarily cooperating with federal immigration enforcement officials, which Napolitano said presents a "serious First Amendment problem."

"That is the state silencing private employers," Napolitano said. "Part of the federal lawsuit, I think, will prevail, the part that's trying to invalidate that statute -- 'thou shalt not speak.' Part of it, I think, the state will prevail, because it can direct its own employees not to cooperate with the feds."

He reiterated a point he has made before: President Trump will not "win" the sanctuary debate until Congress adopts his budget with the "if you want federal money, you will comply with ICE" stipulation in place.

Watch more above.

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