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Immigration Regulation and the Role of Local Governments

Release Date
2025-04-16
Media
MRSC
Summary
This blog explains the complex relationship between federal, state, and local governments in the U.S. regarding immigration law and enforcement. It emphasizes that the authority to directly regulate immigration belongs exclusively to the federal government, as established in court rulings like De Canas v. Bica. States and localities cannot pass laws that directly interfere with federal immigration enforcement or discriminate against the federal government and its contractors, as seen in U.S. v. King County (2024).

However, states and local governments are allowed to pass laws that indirectly affect immigration, as long as they don’t directly regulate federal activities. For example, California’s AB 450 law, which restricts employers from allowing warrantless ICE access to workplaces, was upheld because it only regulates employers, not federal agents. Similarly, Washington’s requirement that immigration detention centers pay detainees the state minimum wage was upheld in Nwauzor v. GEO.

The blog also discusses the “anticommandeering doctrine,” which prevents the federal government from forcing state or local governments to enforce federal immigration laws. This principle was reaffirmed in U.S. v. California, allowing states to limit cooperation with federal immigration efforts, as long as they don’t obstruct federal operations directly. Laws like Washington State’s Keep Washington Working Act reflect this principle by restricting local cooperation with ICE.

Still, some federal immigration laws are binding on state and local governments. For instance, 8 U.S.C. §1373 prohibits restrictions on sharing immigration status information with federal authorities, and 8 U.S.C. §1324(a) bans knowingly hiring unauthorized workers, including through contracts.

In conclusion, while immigration enforcement is federally controlled, states and localities can pass related laws within certain limits. Because the legal framework is complex, local governments are advised to consult legal counsel when navigating immigration-related issues.
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USA

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