From Amuse on X:
ShareFederal law is unambiguous in its supremacy over immigration matters. Under the Supremacy Clause of the Constitution, federal law takes precedence over conflicting state or local policies. The Immigration and Nationality Act (INA) grants the federal government exclusive authority over immigration enforcement, and Congress has determined that cooperation between local law enforcement and federal immigration authorities is essential. Statutes such as 8 U.S.C. §1373 explicitly prohibit state and local governments from enacting policies that restrict communication with federal immigration agencies. This statute ensures that local officials cannot block or impede the flow of critical information needed to enforce federal immigration laws.
Moreover, the refusal to honor ICE detainers undermines the public safety rationale underlying immigration enforcement. Detainers are issued against individuals who have been arrested for violating state or local laws, meaning these are individuals already found to pose a threat to the community. By refusing to comply with ICE detainers, sanctuary jurisdictions actively shield criminal aliens from deportation, allowing them to be released back into communities where they may reoffend. The Trump administration has repeatedly cited cases in which violent criminals, shielded by sanctuary policies, have gone on to commit additional crimes, including murder, rape, and assault. This dereliction of duty by local officials places political posturing above the safety of law-abiding citizens.
The deliberate lawlessness of sanctuary cities is a direct affront to the rule of law. Cities and states that refuse to cooperate with ICE are not simply exercising discretion; they are willfully obstructing federal immigration enforcement. This reckless defiance emboldens criminals, undermines border security, and weakens national sovereignty. President Trump, alongside Border Czar Tom Homan and DHS Secretary Kristi Noem, has pledged to end this dangerous practice and restore federal authority over immigration enforcement.
Sanctuary jurisdictions argue that ICE detainers are merely requests, not mandates, and that the Tenth Amendment prevents the federal government from compelling states to enforce federal immigration laws. They further argue that detaining individuals without a judicial warrant may violate the Fourth Amendment’s protection against unlawful seizures. However, these objections do not withstand scrutiny. The anti-commandeering doctrine established in cases such as Printz v. United States and Murphy v. NCAA applies to instances where the federal government seeks to directly force state officials to administer a federal regulatory program. Immigration enforcement, however, is not a regulatory program but a matter of national sovereignty, over which the federal government has plenary power. The detainer system is merely a mechanism by which federal officials take custody of individuals already arrested and detained by local authorities. (Read more.)
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