As fears of an imminent mass deportation of undocumented immigrants increases, state Attorney General Anne Lopez joined the attorneys general of 10 other states in issuing a joint statement affirming that the federal government cannot compel state and local law enforcement to participate in a federal enforcement action.
During his campaign, Pres. Donald Trump promised to move swiftly to deport many of the estimated 11 million people who lack legal status to remain in the United States. While skeptics have noted the massive logistical challenges that would have to be overcome to execute such an operation, states have begun grappling with the likelihood that state and local resources would be tapped by the federal government to make even a smaller scale deportation plausible.
On Thursday, Lopez and the attorneys general California, New York, Colorado, Connecticut, Illinois, Maryland, Massachusetts, New Mexico, Rhode Island and Vermont preemptively rejected the assumption that state and local police would necessarily participate in any deportation effort.
“It is well-established — through longstanding Supreme Court precedent — that the U.S. Constitution prevents the federal government from commandeering states to enforce federal laws,” the AGs stated. “While the federal government may use its own resources for federal immigration enforcement, the court ruled in Printz v. United States that the federal government cannot ‘impress into its service — and at no cost to itself — the police officers of the 50 States.’ This balance of power between the federal government and state governments is a touchstone of our American system of federalism.
“Despite what he may say to the contrary, the president cannot unilaterally re-write the Constitution,” they continued. “The president has made troubling threats to weaponize the U.S. Department of Justice’s prosecutorial authority and resources to attack public servants acting in compliance with their state laws, interfering with their ability to build trust with the communities they serve and protect. Right now, these vague threats are just that: empty words on paper. But rest assured, our states will not hesitate to respond if these words become illegal actions.”
While the promised “largest mass deportation of undocumented immigrants” has yet to materialize, the new administration has already intensified efforts to identify and arrest potential deportees. Designated “border czar” Tom Homan acknowledged that U.S. Immigration and Customs Enforcement is engaging in “targeted enforcement operations” resulting in hundreds of arrests on Trump’s first day in office.
On Tuesday, the Department of Homeland Security announced Immigration and Customs Enforcement agents would no longer be restricted from arresting undocumented immigrants at or near churches, schools, hospitals and other sensitive locations.
Also Tuesday, the Justice Department issued a memo instructing federal law enforcement agencies to review their files for identifying information on people residing in the United States without legal status.
The memo also calls for the investigation and prosecution of state or local officials who resist enforcement of federal immigration laws and possible legal action against states that block officials from cooperating with federal enforcement.
The escalation in enforcement has received pushback from several state and local governments, including Las Vegas and Chicago, that say they will not assist in federal immigration enforcement operations.
On Thursday, the American Civil Liberties Union blasted the Department of Justice for threatening local officials who resist the mass deportation effort.
“The Constitution and our laws are clear: The federal government cannot bully state officials into carrying out deportations, nor can they punish them for declining,” ACLU chief political and advocacy officer Diedre Schifeling wrote in a letter and memo to acting U.S. Attorney General McHenry. “We understand that checks and balances, including the authority of states to direct the use of their resources, may be frustrating to the president. Nevertheless, the Department and this administration are bound by the Constitution. State and local governments cannot be compelled to carry out the Trump administration's political agenda of sowing fear and division in our communities.”
The memo also argued that local collaboration with ICE has a chilling effect on immigrant communities and mixed-status families, who may not feel safe going to school, seeking medical care or talking to the police.
“State and local officials cannot validly be prosecuted for devoting their resources to local needs rather than ICE’s deportation machine,” Schifeling wrote. “ICE remains free to operate anywhere in the country; that does not change just because a state declines to lend its own resources. But ICE cannot forcibly expand its personnel by conscripting local police into its service.”
The AG statement concluded along the same lines.
“As state attorneys general, we have a responsibility to enforce state laws and we will continue to investigate and prosecute crimes, regardless of immigration status,” it stated. “We will not be distracted by the President’s mass deportation agenda.”
Michael Tsai covers local and state politics for Spectrum News Hawaii. He can be reached at michael.tsai@charter.com.