This principle, often referred to as the “anti-commandeering doctrine,” allows states to decline participation in federal programs without violating the Constitution. Under this doctrine, a governor who instructs state agencies not to assist ICE is not obstructing federal law but merely choosing how state resources are used.
Legal scholars argue that refusing to cooperate is fundamentally different from actively interfering. A state’s decision not to share data, not to honor detainer requests, or not to participate in joint task forces may frustrate federal enforcement efforts, but frustration alone does not equal obstruction. For obstruction charges to apply, there typically must be an affirmative act that directly impedes federal agents, not simply a lack of assistance. Continue reading…