2) Obstruction requires active interference, not non-cooperation.
Federal obstruction statutes typically require affirmative acts: things like blocking agents, hiding suspects, destroying evidence, giving false statements, or directing others to do those things. Simply saying “state police won’t assist ICE” or “we won’t honor civil detainers” doesn’t meet that bar.
3) When could charges even be plausible?
Only in narrow, extreme scenarios—e.g., if a governor:
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Ordered state officials to physically impede ICE agents,
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Directed false statements or evidence tampering,
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Coordinated to harbor individuals to evade arrest, or
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Used force or threats against federal officers.
Those would be about conduct, not policy. Continue reading…