Supporters of this view often emphasize the Supremacy Clause of the Constitution, which establishes that federal law takes precedence over state law. Because immigration enforcement is primarily a federal responsibility, they contend that states have no authority to actively interfere with its execution.
On the other side of the debate, defenders of governors who limit ICE cooperation point to the Tenth Amendment, which reserves powers not delegated to the federal government to the states. Courts have repeatedly held that while the federal government can enforce its own laws, it cannot compel states or state officials to assist in that enforcement. Continue reading…